WITHOUT PREJUDICE Virginia Trioli C/o editorial@theweeklyreview.com.au 5 Virginia, THE KING IS NOT DEAD!

27-10-2013

In your article headed VIRGINIA TRIOLI / THE KING IS DEAD you stated; Roxon wants to see the return of the true ministerial system, with clear delegation, clear autonomy and authority, and the ability for all to be heard within a robust and respectful governing group. It takes a particular strong individual to allow all that. Not a messiah, not a god. But a thoughtful, smart, secure, emotionally, intelligent adult. Let me know when you next spot one.

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15 I am alive and well, just that you never were aware of this. Read my articles published on my blog at www.scribd.com/inspectorrikati and you may just realize that I am the person people need and/or have been looking for. . I made a formal complaint to the AEC (Australian Electoral Commission) against Clive Palmers 20 advertisement to vote for Clive Palmer for Prime Minister, I held as a CONSTITUTIONALIST that this advertisement was DECEPTIVE and MISLEADING. (The advertisement was that day immediately withdrawn, subsequently to my complaint also having been emails to PUP!) QUOTE 25
Australian Electoral Commission info@aec.gov.au ? Cc: Mr Michael King, Returning officer, JAGAJAGA WITHOUT PREJUDICE 2-9-2013

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Palmer United Party: candidates@palmerunited.com, Mr Tony Abbott: Tony.Abbott.MP@aph.gov.au Mr Kevin Rudd: Kevin.Rudd.MP@aph.gov.au Ref: 130902-G. H .Schorel-Hlavka O.W.B. to Australian Electoral Commission - COMPLAINTS

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Sir, as you may recall from the 19 July 2006 County Court of Victoria decision to uphold both appeals on FAILING TO VOTE, where I comprehensively defeated the Commonwealth, on that as a CONSTITUTIONALIST I submitted that the Framers of the Constitution refused to give the Commonwealth legislative powers to compel any person to register or to vote in elections. As I submitted to the court, I am not against voting but against compulsory voting, and the AEC didnt oppose this and other submissions based upon constitutional grounds. http://aec.gov.au/FAQs/Voting_Australia.htm#compulsory

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END QUOTE
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QUOTE
I have a further complaint against what I view is false/misleading election advertising by Palmer United Party and obviously the question may be asked if the AEC approved this advertising, and if so, why? On Monday Afternoon on 2 September 2013 between about 4 and 6 pm I heard over the radio a political announcements by Palmer United Party, with various people, including a lawyer, to say something like to vote for Clive Palmer as Prime Minister. I must admit that also leaders of political parties tend to argue people are voting for who shall be the next Prime Minister. I view the AEC has for too long failed to act against this kind of deceptive conduct, even so this already was occurring even when former Queensland Jo Belkje-Peterson was campaigning to become Prime Minister. Constitutionally no one can vote for anyone to be voted in as Prime Minister. While there is a convention that generally the Governor-General appoints the leader of the political party which can have the support of most of the Members of the House of Representatives, this is nothing but a convention and cannot override what is constitutionally applicable.

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15 END QUOTE Whatever was wrong with Kevin Rudd I view he didnt deserve Nicola Roxon to try to bury him while still alive, just perhaps as to make her own performance perceived to be better. As an Attorney-General I held she was clumsy at best, if not completely irresponsible and 20 derelict of her duties, and failing to understand the constitutional implications of her decisions, such as relating to backdating of jurisdiction of the Family Court of Australia in blatant violation of the federal compact, etc. She cannot blame Kevin Rudd, and neither former AttorneyGenerals, or even Julia Gillard for her own grave errors. The fact that people didnt wake up to it all doesnt mean they didnt make them. 25 .
HANSARD 10-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. BARTON (New South Wales).Then, again, there is the prerogative right to declare war and peace, an adjunct of which it is that the Queen herself, or her representative, where Her Majesty is not present, holds that prerogative. No one would ever dream of saying that the Queen would declare war or peace without the advice of a responsible Minister. END QUOTE

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35 HANSARD 6-3-1891 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention) QUOTE Mr. DEAKIN: We can make an exception in favour of imperial interests. We have no desire to interfere with the imperial prerogative in matters of war and peace!

40 END QUOTE . Lets be clear about it, John Howard was never validly elected in 2001 and neither had any constitutional powers to authorise an armed invasion into Iraq, so why is he and his fellow Ministers not standing trial for war crimes, crimes against humanity, etc? This is because not just 45 Kevin Rudd, but also Julia Gillard, and their supporters (Ministers) couldnt give a damn. Robert Menzies allegedly held that because England was at war then the Commonwealth of Australia was likewise, this even so unless and until the Governor-General published in the Gazette a DECLARATION OF WAR (against the relevant nation) the Commonwealth of Australia was NOT AT ALL at war. This, as in the Commonwealth of Australia s68 provided 50 the powers of the armed forces to the Governor-General and not to the Monarch. Peter Garrett as I understood it tried to blame Kevin Rudd for the insulation debacle, but reality is that the Cabinet can only make a decision to a policy but ultimately the responsible Minister as Peter Garrett then was, makes the final decision. I wrote then that the insulation scheme would 55 be unconstitutional, but he as well as Kevin Rudd ignored this, but as the Framers of the
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Constitution made clear the Minister is the responsible Minister. Hence, in the end Peter Garrett should have faced sole liability and should have been personally sued for the deads involved. . 5 Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention) QUOTE Sir JOHN DOWNER.I think we might, on the attempt to found this great Commonwealth, just advance one step, not beyond the substance of the legislation, but beyond the form of the legislation, of the different colonies, and say that there shall be embedded in the Constitution the righteous principle that the Ministers of the Crown and their officials shall be liable for any arbitrary act or wrong they may do, in the same way as any private person would be. END QUOTE

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15 Ruddock as migration Minister presiding over the terrible conduct against Vivian Alvarez Solon copped out of being the responsible Minister and let the taxpayers foot the compensation bill. Yet, records will show that in 2002 the Commonwealth Ombudsman then already refused to investigate matters, when I requested him to do so, and he didnt do so until 2005, when John Howard then requested this. 20 Let us be clear about it, the Governor-General cannot be appointed upon recommendation of the Australian Government, as to do so make the Governor-General a lapdog of the government. As the Framers of the Constitution made clear:
HANSARD 26-3-1897 Constitution Convention Debates

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First of all, he raised the question of the appointment of the Governor-General for the Federal Executive. Now, I think there is no desire on the part of any large section of this community to take what I may term the first step towards a severance from the mother-country, but the first step would be in the election of the Governor-General instead of allowing his appointment to be made by the Home Government. It is but a small connecting link between the Australasian colonies-between a Federated Australia and the mother-country-to allow the appointment to be made by the Home Government; and I should like to know what power that Government would have over any Governor-General elected in the manner desired. END QUOTE

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35 Even Isaac Isaacs was not validly appointed as Governor-General! . To have an Australian as Governor-General then without a viable monarchy in the Commonwealth of Australia then it must be one elected by the people. 40 Hansard 2-3-1898 Constitution Convention Debates
QUOTE Mr. SYMON ( South Australia ).In the preamble honorable members will find that what we desire to do is to unite in one indissoluble Federal Commonwealth -that is the political Union-"under the Crown of the United Kingdom of Great Britain and Ireland , and under the Constitution hereby established." Honorable members will therefore see that the application of the word Commonwealth is to the political Union which is sought to be established. It is not intended there to have any relation whatever to the name of the country or nation which we are going to create under that Union . The second part of the preamble goes on to say that it is expedient to make provision for the admission of other colonies into the Commonwealth. That is, for admission into this political Union, which is not a republic, which is not to be called a dominion, kingdom, or empire, but is to be a Union by the name of "Commonwealth," and I do not propose to interfere with that in the slightest degree. END QUOTE

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Our current system of elections provide for gangster mobs parading as political parties to decide 55 which one of their bosses shall run the Commonwealth of Australia. Indeed, we have seen that like Palmer United Party the monies they receive unconstitutionally for payment per primary vote is not spend on educating electors (as was claimed by the political parties the funds was to
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be used for) about election at hand but misused for nonsense, including the Australian Democrats 2001 barking dogs advertisement. We must abolish the unconstitutional payment per primary vote as most independent 5 candidates are disadvantaged where political parties can spend ahead of the election on political advertising knowing they will receive most back in payment per primary vote whereas most INDEPENDENT candidates do not have this luxury. Hence, there are no FAIR and PROPER elections. . 10 A Prime Minister is nothing more but an advisor to the Governor-General who may lead his government but not along political party lines but to the interest and wellbeing of all people. As such, even if the mantra of his party dictates something that as Prime Minister is contrary to the interest of the general community then the Prime Minister cannot pursue this. As a CONSTITUTIONALIST I not only know but also understand and can comprehend how 15 really a government should operate and I cannot say the same about Nicole Roxon, as if anything she was involved purportedly to apply legal provisions that were and she should have known to be unconstitutional. But, as long as it served her interest/purposes she wasnt about to object to/oppose it. It is like the pot calling the kettle to be black. 20 . Kevin Rudd had his reported errors of judgment, but so had John Howard, and it appears to me Tony Abbott is also going down that way at lightning speed. It is because those who desire to be ministers will let them to do so for their own selfish interest if not being a Minister then hoping to become Prime Minister, etc. 25 Where is the ROYAL COMMISSION regarding the armed invasion into Iraq? After all a huge amount of civilian lives were lost! (Both Kevin Rudd and Julia Gillard refused my request for this!) Sand for the 4th time on 19 March 2003, the very day of the armed invasion into Iraq, the High Court of Australia refused to allow my application to be accepted for filing that on constitutional 30 grounds opposed the armed invasion into Iraq. Actually on 19 March 2003 it referred to my first application dated 18 February 2003, and not to the revised (as directed by the Registrar of the High Court of Australia) 18 March 2003 application. It seemed to me anything to railroad my application to prevent it to be heard. In my view this amounted to TREASON by the High Court of Australia, as even if the application had technical floors in it, not that this is conceded as it 35 was amended as directed by the Registrar of the High Court of Australia, then still the Court facing an armed invasion with lives being lost should have been considering the merits of the application. As a matter of fact it also could then way back in 2003 have prevented those lawfully in the Commonwealth of Australia to be wrongly detained in detention centres, as for example Cornelia Rau and others were, as this too was part of my application. 40 As indicated above, after a 5 year epic legal battle I comprehensively defeated the Commonwealth of Australia on all constitutional issues, including that compulsory registration/voting was unconstitutional, and on 19 July 2006 the County Court of Victoria upheld both appeals! Neither the Commonwealth of Australia and/or any State Attorney-General 45 challenged any of my numerous submissions! This likely because they were well aware that as a CONSTITUTIONALIST I knew what the true meaning and application of the constitution was better than they did! Remarkably the media never even addressed this issue since! Did you know that Malcolm Turnbull, Tony Abbott, and other elected candidates for the House 50 of Representatives are all unconstitutionally using their MP email addresses, pretending to be Members of Parliament when they are not, since the election was called, as then their seats were
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vacated, and not until they are sworn in when the writs are returned do they become Members of Parliament. Yet, they are still using the perks as if they are still Members of Parliament! George Brandis, as a Senator, in this instant remained to be a Member of Parliament, but in my view should not be entitled to use perks not permitted to other Ministers, albeit the usage of his email address is justified in the circumstances. Did you know that not a single Member of Parliament actually is employed by the Commonwealth of Australia, not even if commissioned as Minister of the Crown? So let Nicole Roxon, so to say then show her true hand and make clear she will not accept any superannuation because to do so is unconstitutional! I doubt she will forgo these monies she is constitutionally not entitled upon because her mantra about Kevin Rudd is self serving, rather than to admit that all she had to do was to abstain from perverting the course of JUSTICE and wouldnt want to be involved in fraudulently making claims to benefit herself contrary to what the constitution permits. And, while she had a go at Kevin Rudd, Julia Gillard likewise acted in many ways unconstitutional, and yet she is not attacking Julia Gillard for this! Why not? Because to me she simply so to say throwing like a 2 year old tantrum who pretends to know it all yet couldnt manage the backbone not to get involved with what she now criticise to have been done wrong. After all the lure of a huge (unconstitutional) superannuation for the rest of her live versus acting credible to what is permitted by the true meaning and application of the constitution was too much to ignore. Screw the people when it comes to her own self interest, this is how I view is the conduct o f Nicole Roxon. While I held that Kevin Rudd had to go, this was for what I view his decision making and failure thereof regarding constitutional issues. I do however object to a person like Nicole Roxon to so to say try to better herself and trying to re-write history as if she was so good where in fact I view she was incompetent as Attorney-General, but that I will not further canvas in this writing, as I have already done so elsewhere. What we need first is competently trained judges in the High Court of Australia and not, as we had already in the past, a judge refusing to hand downs a judgment because he didnt know the constitutional issue.
Convention) QUOTE Mr. ISAACS.We want a people's Constitution, not a lawyers' Constitution. END QUOTE

30 Hansard 8-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian

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Hansard 19-4-1897 Constitution Convention Debates QUOTE Mr. CARRUTHERS: This is a Constitution which the unlettered people of the community ought to be able to understand. END QUOTE

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If then you have a judge declaring to hand down a decision because he doesnt know the constitutional issue, whereas the Framers of the Constitution held that even unlettered people ought to be able to understand the constitution then surely we have to ask what kind of education 45 do judges have when they cannot even come to the level of unlettered people? We should abolish the monies now paid to Members of Parliament and provide for them to have free transport but only relating to their travel to and from Canberra and free accommodation in hostels (not luxury apartments, hotels, etc) and limit the allowance permitted by the 50 constitution to the average weekly earnings. We then should ensure also that Ministers of the Crown are only receiving payments through the British Crown for as long as they are Ministers and once they leave their portfolio that is the end
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of the payments, unless Her Majesty out of her own pocket likes to contribute millions to each former Minister, as the constitution doesnt allow for this. 5
Hansard 25-3-1897 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. WISE: I can see no other course. It has taken 100 years for the United States to pass a Civil Service Act, and now it is not of very much value. If we get a party system, and follow it out in the appointment of civil servants, we will be initiating a system of corruption which would gain strength every day. END QUOTE

10 Well, we know now that this has been proven to be all along happening with the party system. Fancy, as I recently wrote to Clive Palmer that he would provide for union members (as politicians belonging to a political party are) having his companies paying for their perks, their union campaigns, etc. 15 Have you ever considered the nonsense dictated by a political party leader regardless if in State/Territory or Federal Parliament that its party members can make a conscious vote? Or are to voter along party lines? Where is the voting on behalf of their constituents who voted those Members of Parliament in? It 20 seems that Ministers generally are so remote from their constituents who voted them into Parliament that the mantra my constituents has an empty meaning because they may seldom in their electorate. And irony is that when a Member of State Parliament such as Geoff Shaw in Victoria actually goes down to his office to do some work to earn his private income, then we have this hailed as being a deception to the electors, this, even so the Framers of the Constitution all along contemplated that Members of Parliament would ordinary work in their daily job and would receive an allowance as compensation towards the loss of income and expenditure to attend to the Parliament. A person like Geoff Shaw would face a horrendous problem to even get a fair minded judge, and/or jury, because they all likely are brainwashed to believe that his conduct to work in his own office was deceiving the taxpayers, this, even so he was acting precisely to the legal principles embedded in the constitution. While Parliament can legislate I have the view that accusations against a Member of Parliament must be dealt with within the Parliament itself and it is beyond the powers of a Prime Minister/Premier to say report matters to the State/Federal police as the Prime Minister/Premier is nothing more but as ordinary Member of Parliament without any more say then other Members of Parliament. It is the Speaker of the House who has to determine if a matter should or shouldnt bed reported for investigation to the police, as he alone can authorise the police to enter the sanctity of the house and sol its privileges. The same is for the president of the Upper House/Senate. Remember the apology Kevin Rudd made (to Aboriginals) on behalf of the Parliament, I then wrote to him he had no such constitutional position, as only the Speaker of the House of Representatives and the President of the Senate could do so. Yet, the media fell for it line, hook and sinker!

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45 If anything the above stated, as a CONSTITUTIONALIST I may answer your question as being the person who fits this description: Not a messiah, not a god. But a thoughtful, smart, secure, emotionally, intelligent adult. Let me know when you next spot one. 50 And, as I am already retired it is not for me to try to enter politics to try to score some huge superannuation payout, as to me it would be unconstitutionally in the first place to accept this.
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Yet, Malcolm Turnbull with his reported riches still seemed not be able to defy the lure to misuse and abuse his position, to refuse to accept unconstitutional payments, perks, etc. and this I wrote to him when he was a Minister before Kevin Rudd became Prime Minister, and so I do not relate my criticism on constitutional issues pending the colour of the political party, but is against 5 anyone I view is defrauding the general public (the taxpayers). In November 2007 I wrote to the then Prime Minister Kevin Rudd with a copy to the then leader of the opposition Mr Malcolm Turnbull, about appointing me as an Inter-State commissioner. Neither replied upon this. On 2 July 2013 I wrote about the same to the Governor-General and also to Kevin Rudd Prime Minister (again), and Tony Abbott and Malcolm Turnbull, and the only response I received was from Malcolm Turnbull that he is looking into the matter. No further responses whatsoever. The Framers of the Constitution made an Inter-State Commission obligatory to exist (shall be s101 of the constitution), and it was to deal with Trade and Commerce issues as well as other matters the Parliament would provide for. But we have instead that the Prime Minister has now his own slush funds to sidestep the Inter-State Commission as to pork barrel for buying votes. This clearly is not what a Minister of the Crown should engage in. Tony Abbott already during the election was promising funding for a freeway connection in Melbourne, even so it is not a uniform spending through the Commonwealth, and as such belong to the Inter-State Commission to decide upon expert advice if this should be funded and if so by how much. what we really have is the choice in elections between one tyrant/dictator or another tyrant/dictator of political parties to be heading government and abuse and misuse taxpayers monies and their powers in the process, albeit after an election the purported leader of the political party can be disposed of, and then someone else with a total different mantra can become Prime Minister/Premier without any say by the electors. Nicola Roxon was much part of the problem, as she as Attorney-General ignored/refused to rectify wrongdoings!

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I had my say, but will you dare to publish this? I think very unlikely! And that then makes you a part of the problem, because you like most if not all journalist/reporters fail to expose what I 30 view ought to be exposed as after all:
Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE

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Mr. HIGGINS.-Suppose the sentry is asleep, or is in the swim with the other power? Mr. GORDON.-There will be more than one sentry. In the case of a federal law, every member of a state Parliament will be a sentry, and, every constituent of a state Parliament will be a sentry. As regards a law passed by a state, every man in the Federal Parliament will be a sentry, and the whole constituency behind the Federal Parliament will be a sentry.

40 END QUOTE Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL

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Our name is our motto!)

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