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Part 1 Page 1
Page 1
ADDRESS TO THE COURT
including
SUBMISSIONS
By the Defendant, Mr G. H. Schorel-Hlavka.For 19-7-2006 County Court of Victoria proceedings Case numbers T01567737 & Q10897630
ADDRESS TO THE COURT
County Court of Victoria, Case numbers T01567737 & Q10897630Your Honour,Headings (below) are only to give some indications to assist to locate an issue butare not to be taken to limit matters stated below it neither that other matters stated elsewhere arenot relevant.
HEARING DIFFICULTIES
From onset I have to set out that I have for decades now suffered a hearing losswhich is more then 25% to each ear and for this I use hearing aids but those appear to generallyplay up during Court hearings. Without proper functioning hearing aids I lack to hear certainsounds and as such may misunderstand/misconceive what is being stated/asked by others.
What is an ADDRESS TO THE COURT?
The
ADDRESS TO THE COURT
is a document that enables the unrepresented Defendant or forthat matter any defendant or litigant to place before the Court in writing what he/she desires toState, including legal arguments, so that the Court can withdraw into chambers and can at its ownleisure consider matters without having any problems as to pronunciations or misstatements orother language problems causing frustration to those involved in the proceedings.The
ADDRESS TO THE COURT
has been used in all levels of State and Federal Courts,including the High Court of Australia, involving civil and criminal cases since 1985.
TRANSCRIPT & DENIAL OF REASON OF JUDGMENTS
During the criminal trial proceedings before Ross J in the County Court of Victoria, in September2004 the Defendant Mr Abbott was unrepresented and the Court arranged for daily transcripts tobe provided to Mr. Abbott, at no cost to him. I seek likewise that I am provided with transcript of the proceedings without cost to me.During the proceedings before the Magistrates Court of Victoria at Heidelberg on 16 and 17November 2005 I did also request transcripts to be provided and this was refused as the magistratemade clear that I could purchase a copy of the audio tape and listen to it.Having immediately ordered the audio tapes, and paid for them then, at the conclusion of the trialI was later advised that all audio recording in this case on 16 November 2005 had been withoutresult. I was advised that the 17 November 2005 recording was successful. However, despitebeing advised that audio tape would take about a week, it took about 3 weeks and then to discoverthat there appears to have been tampering with the tape causing part to be inaudible or not at allon the tape.Considering that I had complained in writing that the orders had been issued showing that I hadfailed to vote on 1/1/2005, being New Years day when no election was held, I view that thesuspected tampering of the tape was to make it in audible what was stated by the magistrate inregard of this. I take this as a very serious matter, as not only was I refused a written Reason of Judgment in regard to each and every order made, which now I was clearly denied, but themagistrate never handed down a Reason of Judgment as to why I was convicted and the audiotape is inconclusive. In my view, this was a grave injustice.
"
The most odious of all oppressions are those which mask as justice."
:U.S. Supreme Court Justice Robert H. Jackson,
Krulewitch v United States.
Luke 11:21.
Part 1 Page 2
Page 2
ADDRESS TO THE COURT
including
SUBMISSIONS
By the Defendant, Mr G. H. Schorel-Hlavka.For 19-7-2006 County Court of Victoria proceedings Case numbers T01567737 & Q10897630
"When the strong man fully armed guardeth his own court, his goods are in peace."
R v. Lusink and another; Ex Parte Shaw
(1980) 6 FLR 235 and 236
“However in some cases the words or conductof a judge may be such as to lead the parties reasonably to think that the judge has prejudged an important question in the case, and then prohibition may issue. Of course, thecourt whichis asked to grantprohibition willnot lightlyconcludethat the judge may reasonably be suspected of bias in this sense; it must be "firmly established" that such a suspicion may reasonably be engendered in theminds of the parties or the public, as was made clear by the court in
R v Commonwealth Conciliation andArbitration Commission; Ex Parte AnglissGroup
(1969) 122 CLR 546 at 553-4, in the passagecited in
R vWatson;Ex ParteArmstrong
(132CLRat 262).”“The critical question, however, is not whether a judge believes he or she has prejudged a question, but whetherthat is what a party or the public might reasonably suspect has occurred (see per Lord Denning MR in
Metropolitan Properties Co. (FGC Ltd v Lannon
(1969) 1 QB 577 at 599, a judgement cited with approvalby this court in
R v Commonwealth Conciliation and Arbitration Commission; Ex Parte Angliss Group
(1969) 122 CLR 546 at 553; In some circumstances repeated denials of prejudging might well convey theimpressionof "protestingto much"...
Where the magistrate
refused to hand down a reason of judgment
, and so in writing also,despite specifically requested by the Defendant, then this may indicate the magistrate was bias,along with his comments that he was not going to consider “
citizenship
” issue as part of groundsof the
OBJECTION TO LEGAL JURISDICTION
, even so this was also critical to anydecision to INVOKE LEGAL JURISDICTION or not.This Court may hear matters
DE NOVO
but ought to be careful not to make the same or similarerrors and rob the Defendant of a
FAIR
and
PROPER
trial.
UNREPRESENTED DEFENDANT A SELF EDUCATED “CONSTITUTIONALIST”
The matter before this court is a very complex and serious matter, as the end result could be acriminal conviction. The unrepresented Defendant native language is Dutch and the Defendanthas not had any formal education in the English language and neither in legal studies. Hence, theDefendant in that way is disadvantaged to some degree while on the other hand this was to hisbenefit in that as a self trained “
constitutionalist
” he has been able to understand constitutionalprovisions without being, so to say, brainwashed by legal fictions and other incorrect perceptionsthat exist.
Andrei Sakharov, Authority quote:(http://quotes.liberty-tree.ca/quote/andrei_sakharov_quote_30a9
)
Freedom of thought is the only guarantee against an infection of people by mass myths,which, in the hands of treacherous hypocrites and demagogues, can be transformed intobloody dictatorships.
Alexander Hamilton, Authority quote:(http://quotes.liberty-tree.ca/quote/alexander_hamilton_quote_71c2
)
No legislative act contrary to the Constitution can be valid. To deny this would be to affirmthat the deputy (agent) is greater than his principal; that the servant is above the master; thatthe representatives of the people are superior to the people; that men, acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. It is not tobe supposed that the Constitution could intend to enable the representatives of the people tosubstitute their will to that of their constituents. A Constitution is, in fact, and must beregarded by judges as fundamental law. If there should happen to be a irreconcilablevariance between the two, the Constitution is to be preferred to the statute.
Fredrich August von Hayek, Authority quote:
(
http://quotes.liberty-tree.ca/quotes_by/fredrich+august+von+hayek
)The greatest danger to liberty today comes from the men who are most needed and mostpowerful in modern government, namely, the efficient expert administrators exclusivelyconcerned with what they regard as the public good.
Robert Lindner, Authority quote:(http://quotes.liberty-tree.ca/quote/robert_lindner_quote_a79f
)
Part 1 Page 3
Page 3
ADDRESS TO THE COURT
including
SUBMISSIONS
By the Defendant, Mr G. H. Schorel-Hlavka.For 19-7-2006 County Court of Victoria proceedings Case numbers T01567737 & Q10897630
Authority has every reason to fear the skeptic, for authority can rarely survive in the face of doubt.
Friedrich Nietzsche, Authority quote:(http://quotes.liberty-tree.ca/quote/friedrich_nietzsche_quote_3039
)
Distrust everyone in whom the impulse to punish is powerful.
George Orwell, Authority quote:(http://quotes.liberty-tree.ca/quote/george_orwell_quote_304c)
At any given moment there is an orthodoxy, a body of ideas which it is assumed all right-thinking people will accept without question. It is not exactly forbidden to state this or thator the other, but it is “not done”… Anyone who challenges the prevailing orthodoxy findshimself silenced with surprising effectiveness. A genuinely unfashionable opinion is almostnever given a fair hearing, either in the popular press or in the highbrow periodicals.
Lysander Spooner, Authority quote:(http://quotes.liberty-tree.ca/quote/lysander_spooner_quote_654e
)
And the so-called sovereigns, in these different governments, are simply the heads, orchiefs, of different bands of robbers and murderers.
Lysander Spooner, Authority quote:(http://quotes.liberty-tree.ca/quote_blog/Lysander.Spooner.Quote.DEEB
)
Our constitutions purport to be established by 'the people,' and, in theory, 'all the people'consent to such government as the constitutions authorize. But this consent of 'the people'exists only in theory. It has no existence in fact. Government is in reality established by thefew; and these few assume the consent of all the rest, without any such consent beingactually given.
Voltaire, Authority quote:(http://quotes.liberty-tree.ca/quote/voltaire_quote_312a)
...So long as the people do not care to exercise their freedom, those who wish to tyrannizewill do so; for tyrants are active and ardent, and will devote themselves in the name of anynumber of gods, religious and otherwise, to put shackles upon sleeping men.
Ludwig von Mises, Authority quote:(http://quotes.liberty-tree.ca/quote/ludwig_von_mises_quote_bca5
)
This, then, is freedom in the external life of man -- that he is independent of the arbitrarypower of his fellows.
Daniel Webster, Authority quote:(http://quotes.liberty-tree.ca/quote/daniel_webster_quote_3141)
The contest, for ages, has been to rescue Liberty from the grasp of executive power.
Edward Zehr, Authority quote:(http://quotes.liberty-tree.ca/quote/edward_zehr_quote_7281
)
I wouldn't call it fascism exactly, but a political system nominally controlled by anirresponsible, dumbed down electorate who are manipulated by dishonest, cynical,controlled mass media that dispense the propaganda of a corrupt political establishment canhardly be described as democracy either.
Ronald Reagan, Authority quote:(http://quotes.liberty-tree.ca/quote/ronald_reagan_quote_73aa
)
Freedom is the recognition that no single person, no single authority or government has amonopoly on the truth, but that every individual life is infinitely precious, that every one of us put in this world has been put there for a reason and has something to offer. It´s so hardfor government planners, no matter how sophisticated, to ever substitute for millions of individuals working night and day to make their dreams come true. The fact is,bureaucracies are a problem around the world.
Immanuel Kant, Authority quote:(http://quotes.liberty-tree.ca/quote/immanuel_kant_quote_a319
)
Freedom is independence of the compulsory will of another, and in so far as it tends to existwith the freedom of all according to a universal law, it is the one sole original inborn rightbelonging to every man in virtue of his humanity.
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