Supreme Court of NSW Acting Justice Nicholas has made a finding that I am in contempt of court for the crime of journalism and also for making a complaint of criminal conduct about Justice Ian Harrison. I made the complaint via email to Chief Justice Bathurst, the then Attorney-General Greg Smith and Federal Police Commissioner Tony Negus and others. According to Justice Nicholas’s judgement if you make a complaint about a crime you yourself could be committing a crime and in this matter I am guilty says Nicholas.
I have seen many dodgy judgements and plenty of judicial corruption but this one takes the cake for its absolute stupidity. I have written to Premier Mike Baird and the Attorney-General Hazzard and said:
“As all judges know given the 2004 High Court precedent of Coleman v Power no laws can stop people exercising their constitutionally protected rights to political communication. This is not just an attack on political communication but an attack of free speech as a whole.” (Click here to read the email to Premier Mike Baird)
The key part of the judgement is at section (1) (3) where it in effect says that I am in contempt of court because of: “an email to the Chief Justice of New South Wales and other persons. (A copy of which is annexure C to these reasons).”
Kerry Stokes sued me for defamation in April which is still afoot and went to court Ex parte (without my knowledge) and had Justice Harrison put a suppression order on it so I could not tell anyone that I was being sued. I wrote an email of complaint to the Chief Justice, A-G and police etc as it was very dodgy which I was right because the suppression order lasted only two days.
Justice Harrison said he put the suppression order on to protect my reputation. Stokes lawyers argued that a suppression order was needed because I had previously disobeyed an instruction by Stokes in 2011 not to publish a threatening letter from his lawyers. Either way a suppression order was not justified.
I also did a post on this site letting people know I was being sued and sent a tweet on Twitter on the same day but they are covered by Qualified Privilege (your right to political communication) as well. That is the crime of journalism so Stokes says. The email is clearly political communication as it is complaining about judicial corruption and was sent to the Chief Justice, Attorney-General, federal police and the Office of the legal Services Commissioner who investigate complaints against lawyers. (Click here to read the email to Chief Justice Bathurst and others)
I took the action I did because it was clearly dodgy what was happening. Ex parte hearings (only one party is in court with the knowledge of the other party) are only meant to happen in extreme situations and suppression orders are pretty much the same. Stokes or his lawyers or the court has ever been able to justify what happened. So given I write about judicial corruption I thought it might be a set-up of some sort and I wanted people to know what was happening in case something went wrong and I never got another chance. In hindsight I did the right thing as I have no doubt that Justice Harrison would have corruptly extended the suppression order otherwise. Stokes’s barrister Sandy Dawson were arguing for the suppression order to be extended permanently.
Judgement of Acting Justice Nicholas
Justice Nicholas lied all over the place in the judgement and ignored the submissions I put forward in regards to Coleman v Power. For example he said at paragraph 15: “The defendant did not file and serve any evidence as directed, and adduced no admissible evidence at the hearing.” That’s a lie as I filed 2 affidavits but is doesn’t matter what evidence I filed as there was a clear precedent that supported my case and that was Colemen v Power. For a list of some of the dodgy things that Nicholas did during the hearing read my post from last week. (Click here to read)
Justice Nicholas knew what he was doing because he was one the barristers in the 2004 High Court precedent Lange v ABC which set what is known as the Lange test which in effect makes laws invalid if they are an unconstitutional restriction on political communication. It is one of the precedents that Coleman v Power relies on. A suppression order stopping me from sending an email complaining about the suppression order to the relevant authorities clearly is political communication and makes the suppression order invalid in that situation. The courts do not like this fact because they love their suppression orders to cover-up what they do.
Click here for the Lange v ABC judgement and you can see where it says: “W H Nicholas QC intervening on behalf of Nationwide News Pty Ltd (instructed by Gallagher de Reszke)”
Suppression orders and Ex parte hearings are 2 of the key tools used by corrupt judicial officers and that needed to be protected by acting Justice Nicholas. This has not gone unnoticed by others and at the recent “Open and Shut” workshop held jointly by the Rule of Law Institute of Australia (RoLIA) and the Australian Centre for Independent Journalism at UTS, in a paper titled “OPEN COURTS: WHO GUARDS THE GUARDIANS?” is says:
Justice Gibbs (as he then was) stated:
This rule has the virtue that the proceedings of every court are fully exposed to public and professional scrutiny and criticism, without which abuses may flourish undetected.
and: Publicity is the very soul of justice… it keeps the judge himself, while trying, under trial. (Click here to read more)
And flourish the abuses do in the Supreme Court of NSW. This site writes about judicial corruption and will always struggle to get a true and just judgement in the courts. But it is not only this site that struggles for justice in the courts as many readers know from their own personal experience.
Kerry Stokes – The man who wants to steal your constitutional rights
Kerry Stokes’s lawyer Richard Keegan told me on the phone today that Stokes wants me punished and he will be pushing for jail time or a fine for me. The contempt proceedings are still to be given a time and date for sentencing but that only happens if Stokes wants to for some reason. (See paragraph 31 of the judgement) It looks like Stokes is now running the courts. I should know when soon and will update this post when I do. This of course is happening with the full support of Chief Justice Tom Bathurst.
Stokes clearly has serious issues if he thinks he is above us all and we should all bow to him. The only things Kerry Stokes has achieved so far is to:
1. Drag himself right into the heart of the corruption going on in the Supreme Court of NSW.
2. Pour money down the drain on his legal fees unless of course he has Channel 7 paying for them which he probably has and
3. He is now a party to what will go down in history as one of the dumbest and most corrupted judgements any court anywhere has ever seen. When there is a Royal Commission into the judiciary one of the first witnesses to be called should be Stokes.
The picture on this post is NSW Premier Mike Baird. He is only new in the job but needs to step up and take responsibility for solving this issue as people are sick of corruption and their rights being undermined. It also sets a precedent that affects all Australians not just me and the government of the day has a responsibility to take action to protect our rights.
How can communication with the Chief Justice of any court on any matter be in contempt of court? It is scandalous for Justice Nicholas and for Chief Justice Bathurst that Nicholas has made such a decision. Worse still is that communication also went to the Attorney-General and the federal police. Is reporting a crime to the police now also a crime? What sort or fool is Nicholas? Nicholas leaves as a judge next week which probably helps explain why Chief Justice Bathurst gave him the case in the first place. No other judge wanted to get their hands dirty.
Update 29/7/14: Sentencing / penalty hearing is set down for 9.30am on Thursday the 31st July 2014
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