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Tuesday, April 11, 2017

AUSTRALIA - Free speech and political speech is being suppressed in Australia by the NSW Supreme Court

OFF THE WIRE…/free-speech-and-pol…/

Suppression orders are being used to gag anyone and everyone in NSW and Victoria to conceal corruption. This week I was formally charged with contempt by the NSW Supreme Court. I can’t tell you everything because they put suppression orders on it but it relates to me making statements regarding judicial corruption involving 2 judges and a court registrar.
So the bottom line is the judges have used their own court to put suppression orders on their own case. It doesn’t get any more corrupt than that. Back in February when the ball first started rolling for a contempt case against me I wrote an article telling people what had happened and they have also charged me with contempt because I told people which they say breached the first suppression order they took out in February.
I won’t breach the court orders in this article to show how dodgy it is and show you what news will look like in the future if they are allowed to get away with their abuse of suppression orders.
It looks like I am about to be persecuted for my political beliefs because I’m trying to do something about judicial corruption. You always have to look on the positive and that is if they do try to persecute me, which they have already started with the court case, it will help highlight just how corrupt the judges are and how badly they need to be reined in.
Free speech and political speech in Australia
If you raise issues of government corruption or corruption within government departments you are protected from  prosecution. The reason you are protected is because it is political speech.
Beginning with a series of cases in 1992, the High Court has recognised that freedom of political communication is implied in the Australian Constitution. This freedom ‘enables the people to exercise a free and informed choice as electors’. (Click here to read more)
Coleman v Power (2004) 220 CLR 1 is a High Court of Australia case that deals with the implied right to freedom of political communication found in the Australian Constitution.
“They accepted that communications alleging corruption of police were protected by the implied right to freedom of political communication. They also accepted that political communication could include insults. Further, they noted that insulting words were a well-known tradition in Australian politics from “its earliest history”.” (Click here to read more)
Not only does it cover alleging corruption by police but any government employee including judges.
Three previous issues that I have raised are the widespread use of ex parte hearings (secret hearings), dodgy suppression orders and a paedophile priest getting 3 months jail after abusing 3 boys. All these issues need to be investigated by authorities, are clearly political speech, and raise issues of government corruption.
Most of the articles on this website are political speech in that they deal with government in one way or another.
Suppression orders – Only allowed in exceptional circumstances
I covered suppression orders in a recent article and how “Australia is facing a national scandal regarding dodgy suppression orders“. (Click here to read the article)
It has recently been brought to my attention that even law firms have had a enough of judges issuing the suppression orders with no regard for the law.
Two lawyers from Melbourne firm Marque Lawyers recently published a paper titled “This is why open justice is broken” and said:
Suppression orders are infringing too far on open justice. New research from Victoria highlights some pretty scary trends. Suppression orders are often too broad, lack appropriate end points, are unclear in their terms, beyond the scope of the court’s powers, and made without sufficient explanation of their necessity.“ (Click here to read more)
The judges need investigating for illegally issuing suppression orders.
Background – (Click here to read the previous article setting out much of the background)
I have been getting bounced around the NSW Supreme Court since April 2014 with various defamation proceedings by Kerry Stokes. He has also instituted contempt proceedings against me twice for breaching dodgy suppression orders. The first time in 2014 I was found guilty and fined $2000 but is was so corrupt and a clear conspiracy to have me falsely charged that the NSW Justice Department said they would not enforce the fine when I complained.
The second time was this year via the Samantha Armytage and Rebecca Gibney defamation case known as Jane Doe 1 and Ors v Shane Dowling which is being paid for by Seven West Media and controlled by Kerry Stokes. I was found guilty in March of breaching another dodgy suppression order and are waiting for a sentencing hearing. Before the sentencing hearing goes ahead we are waiting for a judgment by Justice Lucy McCallum on whether the suppression order should have been issued in the first place as I have challenged it. A decision by Justice McCallum could have an impact on any sentence. The reality is it is a huge scam.
Current contempt case – (Click here to read the vague summons with the statement of charges) (Click here to read the suppression orders)
They tried to have the contempt matter dealt with without even telling me which is unbelievably corrupt.
The court registrar took the initial step in instituting contempt proceedings against me in February but I had not heard anything about it since except for a short administrative email on Monday the 27/3/17 giving me a document from February. The was no mention that they had instituted the contempt proceeding.
I only found out because I checked the court listing for the next three weeks on the NSW Courts website and seen a listing titled “Prothonotary of the Supreme Court of New South Wales v Shane Dowling 2017/94322” which was listed before the Duty judge on Tuesday the 4th April and I assumed they instituted the contempt matter but was not sure as they had not contacted me to tell me anything. So, I emailed the judged the night before and complained that I had not been given any notice and did not know what it was about as I have not been served any paperwork.
On Tuesday, it was then set down for a directions hearing on Thursday the 56th of April. I was served the summons by email and then served by a process-server on Wednesday the 5th of April which is the day after it was originally meant to be heard.
Why didn’t they notify me earlier? Because they wanted a default judgment in their favour? How corrupt is the Crown Solicitor Lea Armstrong.
Lea Armstrong – Crown Solicitor
Lea Armstrong in the NSW Crown Solicitor which put simply is a government law firm with over 350 staff which does legal work for other government departments. She is personally running the matter against me and was in court on Thursday instructing the barrister. Her name appears on the court documents.
Corrupt Crown Solicitor – Lea Armstrong
I wonder why someone who heads up a legal firm of 350 people is personally dealing with my matter? And why has she acted so corruptly?
Justice Christine Adamson
Write on cue the judge hearing the directions hearing on Thursday, Justice Christine Adamson, gave the prosecution barrister everything she wanted and gave me nothing.
Justice Christine Adamson (Far left – sitting) – 2003 – When she was a barrister.
In any case where the conduct of judicial officers is going to be decided there should be an interstate judicial officer brought in to hear the matter so there is no perceived bias. The prosecuting barrister even said that but argued against an interstate judge. I asked for an interstate judge to hear the case but Justice Adamson refused which makes the whole hearing a scandal. There will be a judge hearing a matter that involves the conduct of his or her own mates from the NSW Supreme Court.
Justice Adamson also put a suppression order on their evidence filed. What have they got to hide? I asked for any possible suppression orders to be argued for or against early next week but Justice Adamson refused. She also forced me to agree to a hearing date when I had only received all the paperwork and evidence while we were in court.
They’re certainly gunning for me for either a big fine or jail it seems. Will I become a political prisoner in Australia so they can try to conceal judicial corruption? They are not after me for anything I have done. It is what I have said they don’t like and the fact that I won’t shut up even with their dodgy suppression orders. The battle above is very much about Free speech and political speech in Australia.
The contempt matter is set down for hearing on the 4th May 2017 in the NSW Supreme Court.
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