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Kevin Rudd waters down anti-terror laws: Major win for Civil Liberties when a HighCourt Writ is shoved up McClelland's ass !!

ATTORNEY-GENERAL Robert McClelland has moved to soften elements of Australia's counter-terrorism laws, barely a week after police raided a cell of suspected Somali and Lebanese extremists in Melbourne.

http://www.theaustralian.news.com.au/story/0,25197,25921975-601,00.html

Defending Habeas Corpus

Barely after a week of what looked like faked terrorism charges, and after the US State Secretary, Hillary Clinton pointing out Australia as a hive of terrorism, and we filed the writ against the Queen, Governor General, Prime Minister, Attorney General and others.

Have a read of how a racist nation conspire to pervert justice and the rule of law.

Prosecuting corrupt racist White Australia: the Queen, Prime Minister Kevin Rudd, Governor General, Attorney General & ors Judicial Corruption, perverting justice, institutional

http://iwitness.x24hr.com/judicial_corruption/index.php?/topic/3219-pros...

Submission to Senate Inquiries into Access to Justice, Australia's
Judicial System, the Role of Judges

2. Document type: Notice of a Constitutional Matter (Pham vs the Queen
& ors);
Application for an order to show cause (Pham vs the Queen & ors);
Affidavit (Pham vs the Queen & ors);

3. Number of pages (): 21 pages

4. Questions for the Senate:
a) Is the Safety, physical or otherwise, of myself and my family and
those I speak for, guaranteed against intimidation, harassment,
physical and psychological threats, and similar acts, by the
Commonwealth of Australia and others; and or judges acting maliciously
ultra vires;

B) Can I, and those I speak for, attain fair and independent hearing
in the Courts and Tribunals under the jurisdiction of the Commonwealth
of Australia and her states;

c) Can I attain the habeas corpus for John Wilson, who is held in
custody without proper representation and Lex Wotton, political
prisoner?

=================================

Form 12 Application for an order to show cause
(rule 25.01)

IN THE HIGH COURT OF AUSTRALIA No. of

[ MELBOURNE OFFICE OF THE ] REGISTRY

BETWEEN:

TRAN ©® (artificial person)
tran (natural man god creation) deny consent to be enslaved
PHAM ©® (artificial person)
pham (natural man god creation) deny consent to be enslaved
WOTTON ©® (artificial person)
wotton (natural man god creation) deny consent to be enslaved

and others (according to schedule attached)
Plaintiffs
and
Defendants
The Queen
Governor General (Commonwealth of Australia)
Prime Minister of Australia (Commonwealth of Australia)
Attorney General (Commonwealth of Australia)

and others (according to schedule attached)

To According to Attached Schedule
of [ Address ]

TAKE NOTICE that this application has been made by the applicant for
the relief that is set out below on the grounds that are set out
below.

IF YOU INTEND TO DEFEND the proceeding you must file a notice of
appearance in the office of the Registry named above.

IF YOU ARE WILLING TO SUBMIT to any order that the Court may make,
save as to costs, you may file a submitting appearance in the office
of the Registry named above.

THE TIME FOR FILING AN APPEARANCE is as follows:
(a) where you are served with the application within
Australia -- 14 days from the date of service;
( B) in any other case -- 42 days from the date of service.

THE RELIEF CLAIMED is

a. Damages: pain and suffering, loss of income and theft of
possession and filing fees totalling $100,000,000.00, as the court and
jury see fit;

b. Writ of Mandamus against the Commonwealth of Australia for
unlawful racial discrimination, perverting justice, fabricating
documents; inter alia

c. Writs of Habeus Corpus for John Wilson and Lex Wotton; inter
alia.

d. Injunction against all court proceedings against the
Applicants until Questions of Law are answered, including VID 91/2009.

e. Set aside all illegal, unlawful racial discriminatory court
orders made without the presence of the Applicants, until the Notice
of Constitutional Matter can be heard;

f. Protection under law against unlawful physical assault,
threats, intimidation, and the likes.

2. THE GROUNDS ON WHICH THE RELIEF IS CLAIMED are

g. The Applicants now have clear evidence of the source of racism
and corruption; have been denied access to justice under the
Australian Constitution, and Australian laws, including the Human
Rights and Equal Opportunity Commission Act 1986 (Cth) and the Racial
Discrimination Act 1975 (Cth), inter alia; contrary to the
Commonwealth of Australia being signatory to International Covenant on
Civil and Political Rights (ICCPR) and International Convention on the
Elimination of All Forms of Racial Discrimination(ICERD), and other
international human rights treaties ratified and implemented in the
Human Rights [sic] and Equal Opportunity [sic] Commission Act (HREOCA)
1986;

h. The Senate Committee has yet to guarantee the Applicants of
their personal safety, family and possession under Australian laws;
has yet to guarantee us of fair and independent judicial process under
Australian and International Laws;

i. Numerous Notices of a Constitutional Matter have been filed by
the Applicant without being challenged or answered;

j. The use and abuse of the "strawman arguments" within the
Australia judiciary, including the High Court Australia, and the
Commonwealth of Australia, as a powerful tool for institutional racism
and corruption;

k. When you violate the Human Rights and Equal Opportunity
Commission Act 1986, and Racial Discrimination Act 1975, I will call
you racist; nothing personal;

l. When you violate Australian laws and International laws, I
will call you a corrupt; nothing personal;

m. When you steal my possessions, I will call you thieves;
nothing personal;

n. What I do find personal is that a 70 year old grandmother was
deprived of palliative care, for her final moments by corrupt racist
judges, ultra vires; she also happened to be my mother; will my family
receive protection under Australian laws?

o. What I do find personal is that an Aborigines four-year-old
girl died after being turned away
from a northwest Queensland hospital;

p. Is it the intention of the Senate Committee on Legal and
Constitutional Affairs, and I do highlight the title of that
committee, to whitewash these two non-isolated incidents with a
strawman argument such as "marginal relevance to the committee's
inquiry and contains irrelevant adverse reflections on other people";
q. The "question then begs", who are "these other people"? Are
there any ethnic or non-proxy Aborigines voices and submissions that
the committee will publish for these two important inquiries? I have a
snapshot of the submissions and I an all-white cast of submissions to
be published since you refused to publish mine and Ms Hilda Zhang's
submission, and also refusing to publish Mr Peter Gargan's submission
on the legal aspects of the judicial system;

r. I find it very racist of the Chair and Deputy Chair to accuse
us of using parliamentary privilege to air "personal grievances"; I
had specifically indicated that I didn't want parliamentary privilege
for any of my submissions, since the Secretary Peter Hallahan had
threatened myself and Ms Hilda Zhang with criminal offence for
publishing our submissions without Senate consent;

s. It would seem like a whitewash of the two Inquiries on Access
to Law and Roles of Judges; We will publish ALL submissions to the two
Inquiries with or WITHOUT senate consent;

t. I find it racist that the Commonwealth of Australia has
instituted an English test on refugees as a condition of entry into
Australia, and yet the Senate Committee cannot even read and
comprehend basic English (the High Court Judge Hayne J couldn't even
spell Mandamus): I gave Peter Hallahan as an example of racism and
asked if the Senate Committee could assure us of equal access to the
law and courts, which is what these two Inquiries are designed to
attain?

u. The simple question again is if we find the Chair and Deputy
Chair's tone in the correspondence unlawfully racial discriminatory,
can we file a complaint with the President of the Human Rights [sic]
and Equal Opportunity [sic] Commission, and have our case heard in the
Federal Court of Australia?

v. A very simple question, it would seem, on the basis of the
criteria of both the Inquiries on Access to Justice, and Australia's
Judicial System and the Roles of Judges; and how many submissions from
ethnic and aborigines voices will be considered and published?

w. I will paste the Hallahan submission below and add an
attachment of case VID 91/2009 as an extension of the racist
dogwhistling of the Judiciary by use of "strawman arguments" as a
means to pervert justice and incite institutional racial
discrimination (Middleton J);

x. The same unlawful and ultra vires acts for which I will file a
complaint against the Chair and Deputy Chair of these two Committees
to HREOC [sic]; the death of a 4 year old aborigines girl is a total
disgrace;

y. The Australian newspaper's Michael Pelley has labelled the
High Court as both racist and hypocrites; Mr Tony Fitzgerald QC's
assertions of "cronyism and secret deals" in corruption of politicians
and police;

z. People who investigate the activity of others, and make
decisions to prosecute or to make recommendations, in the first
instance, must be of impeccable character and be well supported
"beyond reproach": the High Court is in disarray and the Senate has
the apartheid of Aborigines in the NT intervention hanging over its
head;

aa. Will the Senate Legal and Constitutional Committees release
ALL submissions to both Inquiries?

bb. We have had contact with the Honourable Michael Kirby; is it
telling that his Honour is not heard in these two Inquiries; he did
table a submission to the UN regarding the cost of judicial
corruption;

cc. Once again, If it's the will of the Australian people to
re-implement the White Australia Policy, then the Senate Committee
should notify the United nations and secede from International
Covenant on Civil and Political Rights (ICCPR) and International
Convention on the Elimination of All Forms of Racial
Discrimination(ICERD), and any other international human rights
treaties ratified and implemented in the Human Rights [sic] and Equal
Opportunity [sic] Commission Act (HREOCA) 1986; the High Court
Australia (Wurridjal) has already been labelled racist by the
Honorable Michael Kirby (High Court, recently retired), and they have
been dog-whistling to their racist mates and racist elements in the
community at the cost to lives and liberty to ordinary Australians;
They left an 70 year old grandmother dying in pain without dignity due
to unprofessional conduct of doctors who violated their Hippocratic
oaths, and endangering public safety, by protecting their mates in the
judiciary and health professions; dog-whistling and direct incitement
racial hatred and physical violence and attacks;

dd. I submit that all my correspondences, email or otherwise form
part of my submission; you have permission to remove parts of my
submission (with my prior consent), prior to publication;

ee. I submit a complaint of racial discrimination against Mr Peter
Hallahan, as an example of lack of access to the legal system, and
clear dogwhistling to racists by the Australian Judiciary and the
Australian Parliament. It's quite clear that there are some criminally
clever people in the Australian Parliament and Judiciary, therefore
calling someone a "Nigger" is an old form of racism, but I submit Mr
Peter Hallahan's criminally clever way to discriminate.

ff. I rang up the senate committee in order to find out where my
submission had gone. Mr Peter Hallahan then verbally abused me,
demanding if I thought that the Senate Committee was going to help me!
I was lost for words at the Peter Hallahan verbal abuse and
patronising tone. I didn't realise Mr Peter Hallahan could speak for
the Senate in that tone, or make a decision for the Senate as a
non-elected official.

gg. The Australian Constitution makes it clear it's the duty the
parliament to make laws for "better governance" of Australia, contrary
to Mr Peter Hallahan's contentions, and therefore I do expect the
Senate to help ALL Australians. A legal edict is that IGNORANCE IS NO
EXCUSE.

hh. If I had made a complaint to the Human Rights[sic] and Equal
Opportunity [sic] Commission under HREOCA1986 (Cth) or Racial
Discrimination Act RDA1975 (Cth), the former President John von Doussa
would have swept it under a carpet, refusing to investigate and then
refusing to terminate the complaint so that it could be heard in the
Federal Courts? My question to the Senate committee, is whether I can
make a complaint against Mr Peter Hallahan and have my case heard in
the Federal Courts?

ii. I would like to know what's happening with my submission and
why the submissions of Ms Hilda Zhang (deprived of her employment by
Federal Court for reporting financial corruption by her employers) and
Mr Peter Gargan (legal educator) will not be published? Is it the
intention of the Senate Committee to whitewash these two Enquiries?

jj. Is it the intention of the Senate to continue to make
political prisoners out of ordinary Australians like Lex Wotton and
the Australian Aborigines, John Wilson, John Bauksis, by allowing
judicial officers to violate Australian laws and international laws
ultra vires, including ICCPR and ICERD which are enacted under HREOCA
1986, In addition to encouraging and inciting more Black Deaths in
Custody including the recent death of Mr Ward? Ignorance is NOT an
excuse !

?
kk. Theft of possession by the corrupt Judges, government
officials, and MPs; it's our right to retrieve them through the
courts. Is it the intention of the Senate Committee to continue to
allow blockage to the legal system and means, by prothonotaries and
registrars and other officials ultra vires? Lex Wotton and the
Aborigines have the right to defend their possessions and families, we
would like submit an Habeus Corpeus for Mr Lex Wotton and others; will
we be able to do so without interference from corrupt officials?

ll. Is it the intention of the Senate Committee and the High Court
Australia to allow judicial corruption, perverting justice, perjury?
Ignorance is NO excuse;

mm. I shouldn't need to tell the senate committee these edicts:

nn. Australian Constitution section 71 states High Court must
consist of 3 judges; Hayne, Gummow and Crennan JJ have violated this
clause in M142/2007 PHAM vs French & ors, what's the Committee's
intention to correct this?

oo. The University of Wollongong v Metwally (1984) High Court
decision ruled that the Constitution has self-executing status, that
does not require judicial order;

pp. Coco v The Queen (1994) demands that Judicial officers back up
their decisions with legislation; Hayne, Gummow and Crennan JJ have
violated this clause in M142/2007 PHAM vs French & ors, what's the
Committee's intention to correct this?

qq. Is it the intention of the Senate committee to deprive
ordinary Australians of access to the legal system, Australian laws
and justice by

a. allowing the Governor Generals (Michael Jeffries) to increase
High Court fees, targeting myself in particular, and ethnics and my
ethnic group; Once increasing fees did not work:
b. allowing High Court Judges, French J to fabricate documents;
Hayne for modifying my Application without my authorisation; Gummow
and Crennan JJ for denying access to the High Court, and to have
Questions of law answered in violation of the above 3 edicts, inter
alia;
c. allowing deputy Registrars Rosemary Musolino and Denise
Weybury (High Court) and Chris Weymouth (counter staff), to threaten
us physically such that we had to call court security;
d. allowing Byrne J (Judge, Supreme Court Victoria), Joe
Saltalamacchia and Mary Louise Brien (Prothonotary, Supreme Court
Victoria) in refusing to seal my Applications in the High Court and
the Supreme Court Victoria without legal cause or instruments;
e. Complaints to the state and federal Attorneys General and
Chief Registrar have met with silence and yet these individuals are
still in employment of the Commonwealth and state;
f. Maxwell, Buchanan and Whelan JJ in case (728/2005) Court of
Appeals Victoria have authorised the theft of our possession and
sanctioned perjury by Simon Riddle, Robert Spillane and Rebecca
Barrett;
g. Is it the intention of the Senate Committee to allow the
registrars and Prothonotaries to violate laws and deprive us of filing
our Application/Writs to these courts from the lower courts;
h. These thieves have stolen our filing fees in the least, but
also our Australian Citizenship, our employment and our livelihood,
our dignity and justice, is it the intention of the Senate Committee
to protect these criminals?

rr. Mr John Wilson's email is an indication of the failure of the
Australian parliament and the High Court Australia to clearly signal
to the Australian public what their rights and obligations are:
(enclosed)

ss. Mr Peter McGregor's courageous efforts to arrest several
Australian government ministers and be tried as war criminals by
taking out a Citizen's Arrest Warrant against them (enclosed); we will
follow in Mr Peter McGregor's courageous and honourable footsteps and
issues Citizen's Arrest Warrants against those violating the
Australian and International laws, inter alia the Australian
Constitution, Crimes Act 1914 (Cth), Criminal Code Act 1995 (Cth),
including among others, John Handley (Senior member, AAT), Tim De
Uray, and Paul Mentor (Sparke Helmore), Rosemary Musolino and (High
Court) and Chris Weymouth (counter staff), Joe Saltalamacchia and Mary
Louise Brien (Prothonotary, Supreme Court Victoria), judges and
members of parliament who try to pervert justice, violating Australian
and International laws;

tt. I haven't been served with any court costs as sworn in
companying affidavit, as Appeals were ongoing.

uu. Damages: pain and suffering, loss of income and theft of
possession and filing fees totalling $100,000,000.00, as the court an
jury see fit;

vv. Writ of Mandamus against the Commonwealth of Australia for
unlawful racial discrimination; inter alia

ww. Writs of Habeus Corpus for John Wilson and Lex Wotton; inter
alia.

xx. Injunction against all court proceedings until Questions of
Law are answered, including VID 91/2009.

This application shall be heard at the time and place stated

Either [ if a summons is to be served with the application ]
in the summons served with this application

Or [ if no summons is to be served with the application
] in a summons to be served at a later time.

This application was filed by the plaintiff [or by
............................ on behalf of the plaintiff].

Dated: [ ]

................(signed)...............
(
Plaintiff or Plaintiff's solicitor )

The plaintiff's address is .........................

The plaintiff's address for service is .........................

?
Citizens Arrest of John Howard, Alexander Downer,Philip Ruddock, &
Brendan Nelson as War Criminals.

"Point of order Mister Speaker: I have a Warrant for the arrest of
John Howard, Alexander Downer, Philip Ruddock, & Brendan Nelson as War
Criminals."

Yesterday in Federal Parliament at Question Time, an anti-war activist
confronted the Government with a formal Citizens Arrest Warrant,
charging them with various breaches of international law. (see Warrant
below) Peter McGregor, a retired academic from Newcastle, was
himself then arrested, & charged with 'unlawful entry on inclosed
lands' & taken into custody. McGregor was calling for the Speaker of
the House of Representatives to have the police arrest the 4
Ministers. "Just the Howard Government's abandoning of Habeas Corpus
should make it a social pariah, especially with those who believe in
the rule of law & human rights. Instead of people like me, the Pine
Gap
4, the Talisman Sabre Peace Convergence, Rising Tide, Greenpeace, etc.
resorting to acts of civil disobedience, it would be preferable if
groups like Amnesty, councils for civil liberties, university law
faculties, etc. practiced what they preached, and brought formal legal
charges against the Howard Government for its War Crimes." "In order
for evil to triumph, it is enough for good people to do nothing."

You will recall from a previous post that Peter was arrested earlier
this year at an anti-war forum for challenging Philip Ruddocks'
presence on the platform. No date has been set for the trial, but
McGregor will be pleading not guilty.

Here's the text of Peter's warrant.
--------------
Warrant for the Citizens Arrest of John Howard, Alexander Downer,
Philip Ruddock, &
Brendan Nelson:

John Howard, Prime Minister; Alexander Downer,
Minister for Foreign Affairs; Philip Ruddock,
Attorney-General; & Brendan Nelson, Minister for
Defence
are hereby charged, to be trial by the International
Criminal Court, with:

(1) Planning, preparing, initiation or waging a war of
aggression or a war in violation of international
treaties, agreements or assurances - VI (i) Nuremburg
Principles

(2) Participation in a common plan or conspiracy for
accomplishment of the above - V (ii) Nuremburg
Principles

(3) Participating in the use of cluster bombs in
contravention of the AUSTRALIAN MINES CONVENTION ACT,
1998

(4) Participating in the use of weapons of mass
destruction in breach of the GENEVA Convention
including Fuel Air Explosives which cause death by
asphyxiation

(5) Conspiring to pervert the course of justice by
(i) abandoning habeas corpus both in the domestic
'anti-terror' laws & in international policy; & (ii)
covering up or defending the use of torture & over
breaches of the GENEVA Convention, the International
Covenant for Civil & Political Rights, & the Universal
Declaration of Human Rights, against Australian - and
other - citizens, at Guantanamo Bay

(6) Failing in its duty to protect Australian citizens
overseas, & conspiring to continue the illegal
detention of Australian citizens without trial or
changes for over 5 years

(7) Demonizing and incarcerating asylum seekers under
the policies of mandatory detention and fortress
Australia. Such policies contravene the legal
principle of habeus corpus and have induced undue
suffering and mental illness for detainees.

Dated this Wednesday 19th September, 2007.
Signature(s): Peter McGregor:
(mcgregorpeter@yahoo.com.au)
Issued & authorized by Citizens against War Crimes

Further reading:

Senate Enquiries: Whitewash
http://www.aph.gov.au/Senate/committee/legcon_ctte/judicial_system/in...
iWitness: Judicial Corruption Australia
http://iwitness.x24hr.com/judicial_corruption/index.php?/topic/2217-y...

Heres a Documentary on how these corrupt judges conspire to pervert
justice and fabricate documents, include the newly appointed Chief
Justice Robert Stenton French

[media]http://www.youtube.com/watch?v=yyj_gWqdDWQ[/media]

http://iwitness.x24hr.com/judicial_corruption/index.php
http://kangaroocourtaustralia.com
http://www.youtube.com/watch?v=yyj_gWqdDWQ&feature=channel_page
http://www.youtube.com/user/fightKangarooCourts