“I have spent the past four and a bit years on a pilgrimage, living out of two suitcases and in the poorest of circumstances imaginable, travelling the length and width of continental Australia giving my time freely, thousands of hours and millions of dollars of free legal assistance and representations, to hundreds of disenfranchised Australian mothers, fathers and children.
What have we the ordinary people of Australia been disenfranchised from? I am referring to a whole generation of mainstream Australian families who in Australian law courts and government bureaucracies today are denied proper access to justice, respect for human rights and due processes, by a callous and corrupt legal profession that runs not just callous and corrupt law courts and all important government legal agencies, but monopolises the running of all three branches of an entire sick and corrupt system of government as well.”
B.Ec (Hons). LLB. Mem CLA. Mem MEAA. Journalist. Whistleblower. Independent Documentary Maker
Mail: PO Box 6137 Point Cook Victoria Australia 3030 Mob: +61 (0)401 865 914
“To sin by silence when they should protest makes cowards of men.” – Abraham Lincoln
“Truth is a weapon, to be picked up and used against injustice.” – James Johnson
20 January 2013
URGENT – PRIVATE AND CONFIDENTIAL
The Hon Robert Clark MLA for Box Hill
Attorney-General for Victoria
24 Rutland Road, Box Hill Victoria Australia
Dear Mr Clark
BY FACSIMILE: 03 9890 7180 | 03 8684 1100
Telephone: 03 9890 6606 | 03 8684 1101)
(8 + 32 = 38 pages)
All the Attorney-General’s Men – VCAT Political Crime Spree (Show Trial J134/2011)
1. I have spent the past four and a bit years on a pilgrimage, living out of two suitcases and in the poorest of circumstances imaginable, travelling the length and width of continental Australia giving my time freely, thousands of hours and millions of dollars of free legal assistance and representations, to hundreds of disenfranchised Australian mothers, fathers and children.
What have we the ordinary people of Australia been disenfranchised from? I am referring to a whole generation of mainstream Australian families who in Australian law courts and government bureaucracies today are denied proper access to justice, respect for human rights and due processes, by a callous and corrupt legal profession that runs not just callous and corrupt law courts and all important government legal agencies, but monopolises the running of all three branches of an entire sick and corrupt system of government as well.
At least as much so as in our darkest of penal colony and colonial days, today’s Australians have been totally disenfranchised from the law and from government – completely shut out by lawyer-enclosed systems of unrepresentative secrecy and corruption. Justice and government today are enclosed behind impenetrable barriers of legal and administrative and charges, lawyers’ / bureaucrats’ objectives’, and their improper, and regularly criminal, practises. Fundamental rights to justice and good government, except for a very monied and politically well connected few, are almost universally denied to more than 99% of Australians these days.
As French Statesman Frederic Bastiat said of pre-revolutionary France 170 years ago:
“The law [ / Government in Australia] is guilty of the things it is supposed to punish.”
“When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it.”
2. My pilgrimage has included far too many humanitarian interventions / representations to list. Some of the notable ones that the world will continue hear more about include:
3. My professional biography, full of outstanding career achievements from 12 years among the top national / global law firms in Australia, followed by 6 years heading up my own boutique corporate and government legal advisory practice puts me in the same league and fee structure as high profile Australian legal eagles such as Malcolm Turnbull, Geoffrey Robertson SC and Julian Burnside QC. So my sudden transformation from prosperous commercial lawyer to defender of public human rights and exposer of corruption amongst the high and mighty invites questioning. I would like to say that, like Geoffrey Robertson and Julian Burnside, my pilgrimage was triggered by a selfless concern for our modern miserables. To a significant extent that is true. But after being recruited from law school by one of Melbourne’s elite law firms, the only truly global Australian law firm at that time, I chose to be a legal deal negotiator and documentary lawyer at the elite level, not a litigator.
Having never spending a day in a courtroom in my professional life prior to my pilgrimage, unlike Mr Robertson and Mr Burnside, who started their careers in remarkably similar way as my own, I would never have come across the corruption and carnage amongst the courtiers, the litigators and their high-priests, the judiciary, of the legal system if I myself had not fallen prey to some of the most criminal amongst them. You can read about how I was plundered, economically and emotionally raped, along with my children and a dozen or so others economic dependants in the attached documentation (32 pages) and in the various links (including my correspondences of 31 December 2012). By contrast, Geoffrey Robertson and Julian Burnside appear to have had, at least I hope they have had, a much easier time of it not being rendered homeless and penniless, denied legal protection against aggravated burglaries and other threats and acts of violence (including a car bombing) before discovering the very evil that they have made it the second-halves of their legal careers to oppose.
I went on a pilgrimage looking for answers, causes, durations, preventions and solutions for the corruption in law and government in Australia. And it is a lawyerocracy I found. An evil system built up, just as Monsieur Frederic Bastiat describes 170 years ago, over generations of families of lawyers with the reins of economic, social, political and legal power to themselves, to a state where lawyers especially those in senior government positions are the number one perpetrators of human rights abuses, honestly on an industrial Nazi-type scale. And I found that it has been like this all the way back to 1788 when the first British colonists arrived in their white slave ships with their military dictators and their human cargoes of displaced Irish political dissidents and English picnic basket bandits, hog stealers and handkerchief thieves.
My energies and exposures have earned me many admirers and supporters at ground level, amongst the neglected and ignored (when not being stripped and abused) mainstream Australians.
4. My energies and exposures have also triggered a wild crime spree of cover-ups and corruptions by high-placed lawyers in the profession. These include criminal conspiracies and criminal reprisals against me as a whistleblower from a cartel of heads of lawyer government agencies including a wild crime spree by the Victorian Legal Services Commissioner / Legal Services Board. They include a pigeon-pair criminally defamatory sets of false allegations against me coming by two especially corrupt Federal Magistrates (out of the unconstitutional, killer family court system), FM Daniel O’Dwyer of the Melbourne Commonwealth Law Courts, and FM Anne Demack out of the Brisbane Commonwealth Law Courts (the depth of the corruption being demonstrated not just by their own court records in issue but by Ms Demack herself being the daughter of Queensland’s inaugural Corruption and Misconduct Commission.) And they include VCAT Senior Member Jonathan Smithers, Acting VCAT President John Bowman and (freshly appointed) VCAT President Greg Garde, a trio of “judicial-members” of the Orwellian sounding and operating “Victorian Civil and Administrative Appeals Tribunal” a “non-judicial body”, a criminal Victorian star chamber that is, without a doubt, in structure, in conduct and in performance the most unconstitutional government agency that an Australian government has ever dared to force upon the Victorian public.
Currently, more than a hundred government-salaried-for-life lawyers, having misused more than $7 million dollars in public monies are beavering away in corrupt and invalid VCAT proceedings (which resume at 55 King Street, Melbourne at 2pm on Wednesday 30 January 2013) to blacken my name and have me struck out for life. The goal of these desperate and corrupt lawyer-bureaucrats, on behalf of the corrupted legal profession as a whole, is to make me the first lawyer in the history of the legal profession to be struck out whilst not actually practising law at all, for being a litigant and not a litigator, to cover up the corruption of the paid lawyers on both sides of two sets of fraudulent legal proceedings (one State and one Federal) that should never have been commenced against me in the first place. The ultimate goal of this political conspiracy is for these lawyer-bureaucrats to misuse their public powers to punish me, hoping to drive me deeper into poverty and into despair. They want to “shut me up at any cost” to stop me from exposing their criminal and corrupt activities and demanding Nuremberg-style investigations and prosecutions. They want to stop me from demanding significant law reforms (strictly, “law restores” – as I am mostly lobbying for key aspects of the legal industry to be restored to what they were as recently as 8 years ago). And they want to prevent me from continuing to give freely of my time to desperate and needy unrepresented ordinary Australians and standing up against them.
You can read in the attached correspondence and referenced materials, much of what you need to know about the first of these two-pincer false prosecutions. This is all taking place at undue hast in an unconstitutional government tribunal of VCAT. The prosecution is being run by a prosecutor who not only self-confesses to being a “less than 10% of” Legal Services Commissioner (he doesn’t regulate family lawyers, litigators or lawyers who administer wills and estates – ie more than 90% of the lawyers with whom the public have any dealings). He fails to explain not only where he thinks he gets a statutory power, let alone a public consumer interest to fulfil in purporting to regulate me (a litigant not a litigator). But he refuses to explain (and was even excused by VCAT from the embarrassment of having to explain) why he has not investigated the two sets of lawyers who defrauded me of my lifetime of honest work and achievement – despite my having obtained two sets of Supreme Court of Victoria rulings to the effect that (contrary to his assertions) he does have the power to regulate the 90%% that he refuses to regulate, and that he “should” (not just “can” but “should”) investigate my detailed and substantiated complaints against them. For the purposes of these rubber-stamped trumped-up convictions handed to me during the months of September, October and November 2012 the Legal Services Commissioner has failed to undertake any investigations into either the false and defamatory allegations against me (despite dismissing them 2 ¾ times previously over the past 4 years) or the 100% true (and substantiated beyond any measure of doubt) reports I have filed against my false-allegators. Not only have no charges been properly drawn up against me, nor any case being made by the prosecution (zero prosecution witnesses or accusers being brought against me) the list of procedural biases and failures of due process is almost endless. I have been denied independent legal representation as is my (acknowledged) Constitutional right. I have been left without any support from the legal profession. I have banned at secret hearings “a day ‘and a half] before the trial” from producing evidence to prove my innocence, the falsity of the charges and my obvious status as a protected “whistleblower”. My principal accusers, including a corrupt Federal Magistrate Daniel O’Dwyer have been expressly protected by the tribunal VCAT from being expressly protected by “Tribunal Orders” from having to testify / being available for cross-examination by me. My legal professional body / “trade union” which I quit in June 2012 after some 25 years of continues membership and services – itself a den of criminality, ACCC, ASIC and ATO violations, the Law Institute of Victoria Limited (originally known as “Victorian Lawyers RPA Limited”) (1997 – 2013), amongst its many crimes, actually takes government coin to beat up its members, including me. The best that these corrupt lawyer / bureaucrats can do (apart from incriminating them to the hilt on their own Tribunal Records) is to assert that I am “not a whistleblower” – so pretending to themselves that I am entitled to no protections at law from their ongoing crime spree against me. Like a parody of “Alice’s Adventures in Wonderland” Tribunal Hearings have been held in increasingly smaller tribunal rooms (some mockingly called on the door “courtroom 1”) so as to restrict the numbers of concerned citizens who can attend to show support in this grotesque place of “Open Fair Efficient Justice for All Victorians”. Armed guards were stationed at a 6 July 2012 hearing so as to turn away more concerned citizens than were able to gain admission before the doors were barred – and to physically assault and bodily remove with force at least two peaceful citizens who happened to get past the 3 armed guards and the crowd outside and sit quietly in the tribunal room. Amongst other “high lights” I can’t fail to mention a snap hearing on 5 October 2012 with no notice to me, which was a joint “judicial” and “non-judicial” Supreme Court / VCAT hearing on judicial grounds, where the presiding double-headed Supreme Court Judge / VCAT President ruled on that lazy Friday afternoon that it doesn’t matter whether or not VCAT, which is the government agency with the Victorian government responsibility of ensuring that all other Victorian government agencies comply with due process rules, including the State’s Charter of Human Rights and Responsibilities Act, Whistleblowers Protection Act and lashes of other public law, common law and Ministerial obligations, it doesn’t matter if VCAT itself doesn’t meet minimum standards of natural justice, including fairness and lack of (extreme) bias, because any irregularities can (always?) be cleared up later and “no harm done” via multi-million dollar and multi-dozen lawyer appeal processes over multiple years in the Victorian Supreme Court. Now if that attitude is not prosecutable to the maximum under sections 320 and 321 of the Crimes Act (including multiple counts of 15 years imprisonment per count) for contempts and corruptions and misconducts in public office by the said Judge / VCAT President Greg Garde (former Melbourne University Professor of Constitutional and Administrative Law) then I truly don’t’ have a clue about anything that I ever talk about. Such is the extent of this culture of non-accountability, arrogance, ignorance and corruption amongst the “dumb, evil .. almost sociopathic, lawyers” (see authorship of that quotation in the attached documents) that run the government and the law in this country.
5. Why am I telling you this, Mr Attorney-General for Victoria, Mr Robert Clark MLA? I am telling you this because as Attorney-General you are the Minister with ultimate political (in Cabinet), and with civil law liability and criminal law responsibility for these political crimes against me by your senior bureaucrats, such as Mr Jonathan Smithers, Mr John Bowman and Mr Greg Garde of VCAT, Mr Michael Keith McGarvie the Legal Services Commissioner / Chief Executive Officer of the Legal Services Board, and the longstanding heads of other legal government agencies such as Legal Aid Victoria, the Legal Practitioners Liability Committee, the (“gagged and detesticled” – see attached) State Government Ombudsman George Brouwer, your own senior Department of Justice staff, and the dozens (more than a hundred) of government-salaried-for-life in-house lawyers, not to mention that den of crime and infamy the ASIC, ACCC, ATO, Constitution and common law violating Law Institute of Victoria Limited (originally known as “Victorian Lawyers RPA Limited”) (1997 – 2013) which as I note in the attached documentation needs to be abolished for the second and final time (properly, this time) in less than two decades, with proper Nuremberg investigations and prosecutions of the government-salary-for-life criminals hiding in them, and proper hunting, compensation, rehabilitation and apologies to their thousands of victims a year over the course of two plus decades (including previous incarnations of these agencies).
This witch hunt your men are engaged in against me is reminiscent of the many political witch-hunts that the lawyerocracy have committed in Victoria and throughout Australia since Federation 1901 (using McCarthyist skills that were well polished during the British penal / surveillance state and British colonial / surveillance state eras of this continent – skills well advanced, well before Truman and McCarthy were even born). I mention in the attached documents two of these historical witchhuntings of more recent times, the Scientology witch-hunts of the 1960s and 1970s (culminating with the Supreme Court case of Tampion v Anderson). And I mention the Communist Party Dissolution Act witchunts of the early 1950s.
I am telling you this, Mr Attorney-General Robert Clark because the VCAT hearing at 2pm on 30 January 2013 is your “Doc Evatt moment” to shine. Even more so than I mention in the attached documents, your men’s political crimes against me are much more significant in national and global terms than witchhunts of alleged Australian Communist Party Members in 1950s. Let me explain. The 50s and 70s government witchhunts against Scientologists and Communists were government lawfare against a few intellectuals. Tyranny against minorities if you like. That is truly abhorrent to any right-thinking person – That government in this country has ever abandoned (or never had) a commitment to the protection of universal human rights – which is the only basis on which governments are validly created by the people, and can have valid authority to use force of government powers. The Communist Party attacks were of course an attempt by the Menzies’ Conservative political party to cripple the strong “left wing” half of their political opposition, the workers’ (as it then was, pre- its 1975 -81 lawyerocracy takeover) Australian Labor Party – making it a much greater political crime spree than it might otherwise appear in a nation that (at least in the ruling class elite and its propaganda broadcasts) historically fears “black land rights”, “yellow perils” and “reds under the beds”.
But your bureaucrats crimes spree against me are all the “more” abhorrent, and certainly in the same league as those (mostly, lawyers, such as Hans Frank) who were tried at Nuremberg, because I am speaking up for an abused majority. Through my pilgrimage and lobbying I am speaking up as the spokesperson and whistleblower for the 99% plus of ordinary Australians who are not lawyers and who are at the mercy of our sick and corrupt systems of injustice and bureaucracy. I am speaking up for the majority of regular Australians, many of whom are not even aware of the corruption, or at least the extent of the corruption, and when their number comes up, for them or for a loved family member or friend, they have no resistance to being economically and emotionally raped, theirs and their loved ones’ lives and assets plundered drawn and quartered by the insatiable greed and sociopathic arrogance of the lawyers who have built-own-operate and dominate the systems of law and of government at both State and Federal level and have turned them into giant reaping machines (a 100,000 family and $40bn of divorce estates / bank repossession per annum out of Federal Magistrate Daniel O’Dwyer’s and Federal Magistrate Anne Demack’s unconstitutional, killer family court system.
6. I have written this 6 page covering letter to you because I know that such a busy, important man as yourself is unlikely to devote the proper amount of time to personally reading a letter, even a letter such as this. I also want to put this latest corrupt VCAT hearing of 30 January 2013 in its proper political and historical context – not just for your and my personal benefit, but for the benefit of our contemporaries reading this letter this month, and for historians who may have cause to ponder this situation and the issues in the (hopefully more enlightened) years and decades to come. These are things I can’t do in the attached 32 pages which need to deal with the gritty ditty of the hearing on 30 January.
As a simple mug map, the attached 22 letter is in 5 lettered parts and has 4 attachments:
A. All the Attorney-General’s Men – Corrupt VCAT Show Trial J134/2011 (pages 9 – 15)
This section sets out the background to this political trial / false prosecution against me, including multiple relevant links and references – many of which I have written to you previously.
B. Legal Services Commissioner’s / VCAT’s planting me with false criminal form (pages 15 -20)
In this section I blow the whistle on the corrupt designs of this political conspiracy against me, as a prelude and segway to the second false prosecution that the Legal Services Commissioner / Legal Services Board / Federal Magistrate Anne Demack / Law Institute of Victoria Limited have been holding back since January 2010 as a second punch to follow up what has gone down in VCAT during J134/2011. [Once again I will be illegally beaten up by the government, and para-government agencies that are legally supposed to protect me, without regard to relevant facts or laws or due process, or that even a basic 2 hour read of the first 2 hours of that Federal Magistrates' Courts transcripts will clear me of the false allegations – and put me in the running for multiple awards for human rights and for bravery].
C. Demands to Restorer the Law (pages 20 – 22)
In this section I spell out yet again the 4 key demands I have for action from you to ensure that Victorians / Australians are once again protected by being restored to our pre-2005 legal rights, and for this corruption in government and law courts, the lawyerocracy, to be dismantled.
I have made these demands to you both in opposition during 2009 and in government since 2010. And I express my disappointment with all of the phoney bluster over a “broad-based independent commission against corruption” (which as its Orwellian title and all of the lawyerocracy’s Orwellian manoeuvrings over its build-ownership-operation demonstrate, will like VCAT be the exact opposite of its political slogan) that your administration has not grasped and acted on these repeated demands to begin to restore truth, justice, equity and such things as basic legality and due processes to the legal industry, law courts and government in Victoria / nationally.
D. Demands for protection from bureaucrat, judicial and other lawyer and government abuse (pages 22 – 23)
My personal petition of you, for my own safety and protection, is self-explanatory. And it is hardly the first time in the past 4 years that I have requested this of you. I express my disappointment that so far you have left my reasonable and proper pleas, unanswered.
E. Appointment of Representative for VCAT Hearing on 30 January 2013 (pages 23 – 27 )
This is the section where I alert you to your “Doc Evatt moment to shine” and appoint you as my section 62 of VCAT Act representative for the purposes of the this next corrupt hearing on 30 January 2013 for the express and limited purposes of re-asserting the points of law and government obligations that I have listed in these pages.
To dispel the inevitable “push” by your bureaucrats that there is anything “nutter” about my appointing you in this fashion, I give considerable more historical background to shadow Attorney-General Doc Evatt’s heroic performance in foiling the Menzie’s government’s Australian Communist Party witchhunt of 1950 – 51 (and its sinister connections with apartheid rule in South Africa from Australia and anti-communist activities in the United States, also from Australia).
F. Silence in the face of evil is evil (pages 27 – 28)
This section is self-explanatory, as are the draft orders I wish you to insist that VCAT make on 30 January 2013 (Attachment 1). Also self-explanatory are the three resignation / apology / undertaking letters that I have drawn up for VCAT’s Mr Jonathan Smithers, Mr John Bowman and Mr Greg Garde to sign, seal and deliver to you (copy to myself) ex post haste.
7. No doubt there are important issues I have not had scope to canvass or mention either in this covering letter or in the more detailed 22 page letter (or in the letters I have previously sent you). But I trust that I have made sufficiently clear exactly what the real “L” Law, the Constitution and “Good Government” conventions require this month of you and of all your “Attorney-General’s men.” As you work your way through these materials I ask you to bear in mind that I have concentrated only on the outer onion-ring of corruption, barely making any inroads into either of the two scandalously fraudulent court proceedings (and the antidotal appeals and counterclaims that are ongoing) against me that constituted the seminal crimes and triggered all of this escalating lawfare of corruptions and cover-ups.
Please bear in mind that I had no litigation skills or experience prior to commencing my pilgrimage four and a bit years ago, despite the rave reviews (bronx praise) given to me by my tormentors on the Supreme Court bench for being:
“a very intelligent man, in fact you could put it more highly than that, with impressive natural abilities as an advocate, for someone who has never argued a case in court before.”
I have had a steep learning curve of being hit with multiple rounds of some of the most dirty “hit the man”, “hide the issues”, “empty his pockets” tactics that these corrupt lawyers / bureaucrats have engineered and practised and handed down over decades and generations. Fortunately I have significant legal, project management and journalistic skills, not to mention sound nerves and clear head to keep things in perspective and as much of the corruption against me as possible. But I ask you to consider for a moment how a typical Australian, from a typical family, with a typical education and a typical family and working life could be expected to cope with this sort of onslaught as I can endure. I have managed and closed many billion dollar transactions of equivalent complexity as this (but always with teams of dozens of lawyers, accountants, engineers and administrative support staff at my command). Just how can you expect, and how can you justify, systems of law and government that pit such an over resources team of hundreds of well-educated, government salaried lawyers (in the main) for life against the average Joe, or Jane, or Junior Citizen.
For some time now my supporters have taken to calling me “the Julian Assange of Australian law.” Others make the comparison between my situation and Spanish Jurist Baltasar Garzon.
One of my supporters recently brought to my attention the similarities between the work I am doing and the work of the late, great Nazi-hunter Simon Wiesenthal. I was struck by the quality of the comparison with Simon Wiesenthal, as well as the highly complimentary nature of this very high praise. Yes most of the Nazi elite were lawyers. (The same was true a generation earlier during the Weimar Republic as Jewish-German insurance lawyer Franz Kafka’s post-posthumously published works wryly recorded). And yes most of the Nazi’s prosecuted at Nuremberg were government-salaried lawyers. The same is no doubt true of Spain’s Franco era. Highly true of Russia’s Stalin era, the United States’ McCarthy and Nixon eras etc etc. And yes, your corrupt bureaucrats such as VCAT’s Mr Jonathan Smithers, Mr John Bowman and Mr Greg Garde (and others I have mentioned elsewhere), and the Legal Services Commissioners past and present (Ms Victoria Marles and Mr Michael Keith McGarvie) and others of their kind whose names litter this and the attached correspondences and other whistleblowing reports I have made, will do well to consider me as their own person Simon Weisenthal. Because, yes, no matter how many months, years or decades this corrupt system may protect them before it finally collapses, I will not tire, and I will not rest, until I have personally brought each and every one of them to justice, for their crimes against me and my loved ones and dependants, and for their crimes writ large on an industrial scale against ordinary and defenceless, powerless Australian families, children and parents.
I look forward to receiving a civilised response from you, personally (not one of your corrupt Department of Justice bureaucrats such as Mr Humphreys or Mr Johnson) and within a civilised time frame, having regard to the VCAT hearing date of 30 January 2013 where I have empowered you to represent me.
I note with disappointment that I have not yet seen any response from you to my letter and VCAT documents that I sent you on 31 December 2012. In case they did not get through to your desk (which I acknowledge could a common problem given the characters and calibres of your lawyers on staff) I will see about having that letter and those documents retransmitted to you during the course of today.
Harold James Johnson
Journalist – Whistleblower – Law Reformer
Independent Federal Candidate for Lalor
(Australian House of Representatives)
Solicitor and Barrister of the High Court of Australia
(Celebrating 20 Years of Legal Practice 1990 – 2010)
To see the remainder of this 40 page package of correspondence (a longer letter of 22 pages referred to in this covering letter, draft orders sought, and 3 drafted letters of resignation / apology and undertakings, please see http://lawyerocracyontrial.com/2013/01/20/all-the-attorney-generals-men-corrupt-vcat-show-trial-j1342011/