If you want to make a complaint of criminal conduct against a judge where do you go? Nowhere apparently or that is the only conclusion that you can come to based on correspondence from the Australian Federal Police and the courts.
As the emails and document below show, if you go to the Federal Police they say go back to the Chief Justice of the court and the courts say go to the police. Your basically left in no man’s land. The documents below show this in full flight.
What it means is that judges and magistrates are basically untouchable.
I deliberately do not get into too much detail of the complaints set out below as it would take at least some, if not a lot, of the focus off the key point of this post and that is the police in collusion with the courts refusing to investigate serious allegations against judicial officers.
This is not some minor mistake or oversight by the police or courts and their tactic is not a new one but an old one. By pointing the finger at each other for responsibility they are giving the complainants the run around until they lose heart and drop off with the complaints.
This is consistent with my previous posts “The Canberra Mafia. How and why the Australian Federal Government conceal corruption“ and “Pigs On The Run – The Australian Federal Police” where the Federal Police get mentioned by John McMillan, the former Commonwealth Ombudsman about their failings.
The below emails are between Richard Partington and the Australian Federal Police starting January 2011. He complained about a judge, a court registrar and a lawyer. The lawyer has since gone missing and no one knows where she now is including the law firm she worked at and the law society. And the court registrar was made a judge not long after Mr Partington’s complaint.
Then there is a letter below that is a response that I received from the courts in 2008 in relation to a complaint about the criminal conduct of Justice Steven Rares of the Federal Court of Australia.
When you put the two pieces of correspondence together what it shows is that the Australian Federal Police say they cannot investigate criminal conduct by judges unless the Chief Justice of the court says so. And the Chief Justice says the opposite.
I have highlighted in bold two of the key parts below.
Dear Mr Partington,
We have been advised that you are seeking an update in relation any action taken by the Australian Federal Police (AFP) regarding your enquiry dated 17 January 2011.
Please note the below correspondence from the AFP sent to your email address (Richard7632@hotmail.com) dated 18 January 2011, noting that your enquiry is not a matter for the AFP to action and the most appropriate course of action would be for you to refer your complaint to either the Family Court or the Federal Magistrates Court.
The AFP has noted your enquiry and you may provide Case Note Entry 150151557 as your reference number.
As previously mentioned the AFP will not be investigating your complaint and the enquiry has been finalised.
Dear Mr Partington
Thank you for your email dated 17 January 2011. The Australian Federal Police (AFP) investigates crimes against the Commonwealth of Australia or crimes with a Commonwealth interest.
The Chief Justice of the Family Court and the Chief Federal Magistrate of the Federal Magistrates Court are responsible for overseeing the management of complaints about the judicial work of the courts.
You may make a complaint to the Chief Justice or the Chief Federal Magistrate if you are unhappy with the conduct of a judicial officer during the course of a hearing or experience an unreasonable delay in the delivery of a judgment.
To make a complaint about these issues, write to:
GPO Box 9991
Melbourne VIC 3000
Federal Magistrates Court
Chief Federal Magistrate
GPO Box 267
Sydney NSW 2000
The federal courts are each responsible for their own operation and management, including the handling of complaints. If the Chief Justice or the Chief Federal Magistrate determine that a Commonwealth offence has been committed, then they may refer it to the AFP for investigation.
Your complaint has not been referred to the AFP for investigation from the federal court, as such the AFP will not be investigating your complaint.
The scan of the above letter is not great but neither was the quality of the letter they sent me which was a scanned copy. The exact transcript is below in case you have trouble reading it: Dear Mr Dowling I refer to your email dated 4 May 2008 to the Chief Justice of the Federal Court, the Hon Michael Black AC, the Hon Justice Rares and others. Neither the Chief Justice or Justice Rares propose to take any further action in relation to the matters raised in your email. It is not appropriate fo the Chief Justice or Justice Rares to respond to your comments in relation to the judgement in Dowling v Kirk  FCA 165. The court has no role in the investigation of alleged offences under the Crimes Act 1914 (Cth). Such investigations are the responsibility of the Australian Federal Police and the State and Territory police. Yours Sincerely Philip KellowDeputy Registrar I do not get into the details of my complaint against Justice Rares here but it is rock solid, it is an open and shut case. (I detail all the evidence in my book). The fact that neither Chief Justice Black nor Justice Rares refuted my claims above says it all. But the key point I am trying to make about the above letter is that the courts are saying they can not do anything about the criminal conduct of judges and to go to the police. This is the exact opposite to what the Federal Police told Richard Partington. Richard Partington has made a complaint in relation to the above emails to Federal Agent Josh O’Connor A/Team Leader, Complaints Coordination Team
Professional Standards and has received correspondence from Superintendent Ian Houghton from the same division. I will follow this up to see where it goes.. I have also sent correspondence to the Attorney General Robert McClelland, Shadow Attorney General Senator George Brandis, SC and the Federal Police asking them to confirm whether or not only the Chief Justice or Chief Magistrate of the courts can make complaints to the Federal Police in relation to judges and magistrates. An independent body to investigate complaints against judicial officers is long over due even more so given that nobody will do anything. There is no such body Federally or any of the States except NSW, which is the Judicial Commission of NSW and even that body lacks credibility and is hardly independent This is part one and I will do at least one or maybe a couple of follow-up postings on this topic in the near future. There is corruption everywhere, in governments, police forces, business and society in general. But the federal government want us to believe that their no corruption in the judiciary so there is no need to have an independent body to investigate complaints. This website is a news site and has a clear agenda and that is to have something done about corruption in the Australian Judiciary. For that to happen we also need to deal with corruption in the government and police as they are the ones facilitating it. Help support this site and do your bit to stop corruption and take a minute and use the email and social network links below and let as many people as you can know about this post. If we can get a few thousand people doing this it will make a huge difference. (email and Facebook seems to work the best) Make sure you sign up for the free “Email Subscription” and about once a week you will get an email when there is a new post/story on this site. At this stage there are 192 subscribers most of whom have joined in the last few months. The target is 500 by the end of the year. Ring your friends and get them to join as well. Thank you for your support.