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«WITHOUT PREJUDICE Joint Standing Committee on Electoral Matters 30-5-2002 Sonia Palmieri, Inquiry Secretary Cc; Committee members; Senators: Ray, ...»

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WITHOUT PREJUDICE

Joint Standing Committee on Electoral Matters 30-5-2002

Sonia Palmieri, Inquiry Secretary

Cc; Committee members; Senators: Ray, Murray, Bartlett, Ferris and Mason.

Phone: (02) 6277 2374 - Fax (02) 6277 4710

AND TO WHOM IT MAY CONCERN:

Sir/Madam;

Thank you for your letter dated 27 May 2002. It doesn’t disclose the closing date for submissions, I noticed.

This letter will be send electronically and a hard copy will be send (with enclosed CD) by postal services. All material forwarded on the CD must be held and is intended to be part of this submission.

I enclose hereby material on CD, which also has a copy of this letter on it.

The Folder is titled; INSPECTOR-RIKATI® and the BANANA REPUBLIC AUSTRALIA.

This folder is also published in; INSPECTOR-RIKATI® and the Secret of the Empire, Personalized crime/comedy novel on CD edition. (Albeit with more material.) I have absolutely no objection to the JSCEM publishing the material provided in/with this submission!

From the transcript at pages 8 and 9 of proceedings before Finkelstein J on 2 November 2001 Federal Court of Australia!;

MR SCHOREL-HLAVKA; “I’m not necessarily, at the moment, disputing the election.

I’m disputing the writs.” HIS HONOUR; I understand.

MR SCHOREL-HLAVKA: So that’s different, sir. At least nobody say I’m crying sour grapes for not winning whatever an election --- HIS HONOUR; Because you haven’t lost yet.

MR SCHOREL-HLAVKA; That’s right. I haven’t lost yet. I’m doing before it.

It must therefore be clear that I was contesting the validity of the writs, not the election(s) itself!

As such, Marshall J on 7 November 2001 arguing otherwise clearly ignored the true issues before the Court.

Page 1 of the 30-5-2002 submission to the JOINT SELECT COMMITTEE ON ELECTORAL MATTERS PLEASE NOTE: You may order, INSPECTOR-RIKATI® and the Secret of the Empire, Personalized crime/comedy novel on CD edition, you wish to purchase (cost $25,00 plus $5.00 postage and handling), by making a reservation, by facsimile 0011-61-3-94577209 or E-mail to INSPECTOR-RIKATI@schorel-hlavka.com The matters set out below complimented by the material further provided on the CD must be considered as a whole of submission.

Sue v Hill [1999] HCA 30 (23 June 1999) :

These provisions are now reflected in Div 1 of the present legislation, particularly in sub-ss (1) and (2) of s 354, but with additional provision in respect of the Federal Court and Territory Supreme Courts. Further, s 192 of the 1902

Act still persists as s 353(1) of the Act. This states:

"The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not o

–  –  –

From onset, it must therefore be clear that the AGS for the Commonwealth and AEC misled the Court as to the true meaning of “and not otherwise”, and that frankly, the 7 November 2001 decision of Marshall J was sheer nonsense. It clearly had no bearing upon the 2001 legislated amendment by the Federal Parliament, to provide for the Federal Court of Australia to deal with matters.

As stated below:

While I acknowledge that this and other changes sought, would likely result to a stronger voting pattern towards INDEPENDENTS, it must be kept in mind that the JSCEM isn’t there to exclusively make benefits for political parties and apply the “close union shop” mentality (Howard so much seeks to stop ion ordinary work conditions) but it is there to seek to address electoral issues that needs to be addressed as to pursue in the intentions of the framers of the Commonwealth Constitution Bill 1898 to have elections to be fair and proper to all candidates!

Regardless of what a member of the committee of the JSCEM has as political views and political affiliation, the criteria is that it operates under the provisions of the constitution and as such must pursue to conduct matters and to resolve matters according to the true intentions of the framers of this constitution, even if this means to make recommendations to the Parliament which might be harm full to political parties or those in Government of the day!

I am well aware that particular comments in this submission will not be liked by members of certain political association but that isn’t my concern. I am not trying to win a popularity contest, I am seeking to get the true intentions of the framers to be applied. I call a spade a spade!

In recent times, there has been a significant issue about the asylum seekers and the manner the government has dealt with them. The relevance to elections is, that I suspect that if any asylum seeker having been detained might be able to show before the Court that the government isn’t a legitimate government elected by the constitutional provisions of the Commonwealth Constitution and other relevant laws, then not only would this affect the validity of the purported government but leave it open to have huge damages bills of asylum seekers.

It also would mean that any treaty or law passed by this PURPORTED Parliament might be null and void and of no effect. Nothing in this submission must be perceived, that I concede there was a valid election, or elections. I maintain that at no time was there any valid election held on 10 Page 2 of the 30-5-2002 submission to the JOINT SELECT COMMITTEE ON ELECTORAL MATTERS PLEASE NOTE: You may order, INSPECTOR-RIKATI® and the Secret of the Empire, Personalized crime/comedy novel on CD edition, you wish to purchase (cost $25,00 plus $5.00 postage and handling), by making a reservation, by facsimile 0011-61-3-94577209 or E-mail to INSPECTOR-RIKATI@schorel-hlavka.com November 2001! As such, there is currently not a single Member of Parliament validly elected!





Not even the Senators whom were of a previous election.

I for one suffered the consequences of having laws made by the State government to back date for 10 years unconstitutional court orders. I had been unconstitutionally and illegally sentenced to 21 days imprisonment, despite that I contested the validity of Family Court orders and claimed that the Cross Vesting Act was invalid.

Several times, the High Court of Australia RUBBERSTAMPED the Family Court orders, rather then to consider matters upon their legal merits, only for a few years later in the 1997 Wakim case to acknowledge that indeed the Cross Vesting Act was unconstitutional. Then legislation was passed to PURPORTEDLY validate unconstitutional Federal Court orders. Obviously, no state government can possibly validate any unconstitutional Federal Court order, but in the mean time, the Family Court has utilised this, to justify the imprisonment, despite it being totally unconstitutional! It is this kind of conduct, that proves that those in the seat of justice, and in Parliament, are more interested in their own political game, then to consider what they are in for, meaning, to represent the people.

No one can make undone my unconstitutional and illegal imprisonment, but at least it could have been acknowledged that it was a miscarriage of justice. However, parliamentarians and judges seem to be hell bend to cover it up by all kinds of improper conduct, to pretend the State Government has the power to override Commonwealth Constitutional provisions. Regretfully, the High Court of Australia was part of it all, to allow this to occur, rather then to step in as a guardian of the Commonwealth Constitution. The fact that the order for the 21 days imprisonment was signed 1 day before the hearing, neither seem to deter the High Court of Australia to rubberstamp the unconstitutional court orders, even so legal principles dictate, that where an order was signed prior to a hearing, then the subsequent hearing is null and void, and so any orders subsequently made.

Having the experiences how fraudulently the Courts conduct themselves, and how Parliament acts against the interest of citizens, I was careful in the case before the Federal Court of Australia, as to try to, so to say, play it by the book, and to ensure that I would place on affidavit what occurred, including the serving of documents etc.

As I was given the understanding, that the Federal Court of Australia would railroad my case, no matter what, I decided to pursue all legal avenues, and then write a book about it all!

So, regardless if nothing will be done, and the JSCEM may also ignore to deal appropriately with matters, I will be publishing a book about it all.

Having experienced the illegal conduct used so far, and too well aware how the courts are manipulated, I intend to have the book produced and distributed from overseas sources.

Unlike people who may resort to violence to seek to settle their grievances, I rather do it by exposing to the world what really is going on.

The inquiry by the JSCEM is very limited to election matters only, and as such doesn’t deal with issued such as Centrelink obtaining peoples bank records, and not keeping any proper security upon the material obtained from the banks, and so without people of whose records they have obtained being made aware about this. Australia’s government department as such, in my view, are using illegal and improper conduct, and Australians slowly are subjected, as one of my clients stated just before his dead: Communist Secret police tactics.

Electoral laws are not just for the fun of it, but are there, to ensure that the basic fabric of a democratic society can be maintained.

Page 3 of the 30-5-2002 submission to the JOINT SELECT COMMITTEE ON ELECTORAL MATTERS PLEASE NOTE: You may order, INSPECTOR-RIKATI® and the Secret of the Empire, Personalized crime/comedy novel on CD edition, you wish to purchase (cost $25,00 plus $5.00 postage and handling), by making a reservation, by facsimile 0011-61-3-94577209 or E-mail to INSPECTOR-RIKATI@schorel-hlavka.com Legal trickery ought never be part to thwart citizens to seek in the court legal remedy, to ensure constitutional valid elections. The moment this is accepted, then there are no democratic elections, and so the result is no democratic elected government.

To illegally exclude people to be candidates, as some of it is set out below, means that the AEC is manipulating its powers to deny citizens their legal entitlements, to stand as a candidate for elections.

What we have seen, is that electoral changes have been made previously by the Parliament, with a total disregard of checking how in real terms the AEC operates and applies electoral laws. A clear example is, the cutting down of the (then) “shall not be less than 11 days” for nominations, where the AEC closed it doors for 7 days, and so only 4 days were left in the 1993 by-election! Yet, the AEC got the Parliament to reduce these 11 days, to 10 days, which could mean that the real effect could be 3 days left in some cases.

As set out below, the very guardian of the electoral legislations and constitutional provisions, shows to be the worst offender, and then using the Court to prevent the truth to be made known and preventing by this valid elections to occur.

My view is, that the incompetence exposed in my material warrants that those heading certain Department are sacked (including the AEC), and there are ample of people out of work who would like to take their job, and do a better job for it.

The material indicates that the Prime Minister of the day does his own thing, about calling an election, regardless if this is within the constitutional and other legal provisions. The GovernorGeneral follows this as a sheep follows a shepherd. Likewise, so the Governors. The AEC does its own thing, an the Department of Finance and Administration likewise. The Australian Government solicitors seems to be incompetent to appropriately litigate the issues concerned, and the judges in the Federal Court of Australia have themselves to lack of any decent understanding and comprehension about what is legally proper in the case. And then I am as a litigant in person, seeking to have matters addressed, while all those incompetent people combining their efforts to avoid it, rather then to accept that their incompetence conduct undermines and indeed jeopardize the right of Australians to have fair and proper elections.

This submission might, so to say, be hard hitting, but then again, there is too much at stake!

Many Australians have died to protect the nation hood of Australia, only to be destroyed by incompetence of those aforementioned.

It might be argued that I lost the case (Albeit it still is on appeal, but likely never be heard, as to be railroaded again), but Australia has lost its democracy of FAIR AND PROPER ELECTIONS, so much pursued by the framers of the Commonwealth Constitution Bill 1898.

Because I planned to write a book about it, I realised that I had to pursue all legal avenues regardless that I expected most of those involved to simply ignore it all, or to do a cover-up.

Indeed, their conduct only underlined that there was more to it then a mere ‘mistake’ made.

The JSCEM has the task to seek to address issues and consider what is the best way to resolve matters. I for one make it clear, that there ought to be a ROYAL COMMISSION as if anything deserves a ROYAL COMMISSION then it is any conduct by politicians, judges and other staff of the government who took action to undermine and/or prevent the democratic system of elections to function appropriately. This isn’t about seeking to protect once leader of fellow colleague, it is one where the interest of safeguarding the democratic principles are far more important then personal political motives.

Page 4 of the 30-5-2002 submission to the JOINT SELECT COMMITTEE ON ELECTORAL MATTERS PLEASE NOTE: You may order, INSPECTOR-RIKATI® and the Secret of the Empire, Personalized crime/comedy novel on CD edition, you wish to purchase (cost $25,00 plus $5.00 postage and handling), by making a reservation, by facsimile 0011-61-3-94577209 or E-mail to INSPECTOR-RIKATI@schorel-hlavka.com The interest of any political party, or that of an individual Member of Parliament, never ought to be placed above that of the provisions of the Commonwealth Constitution and those of the general public. Members of Parliament are to serve the general public, and not due to self-interest or party loyalties ignore what democratic system is all about.



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