I will be going to jail sometime in the near future for doing nothing more than the crime of journalism. Yes, journalism is now a crime in Australia. On Thursday the Supreme Court of NSW in my absence ordered me to pay a fine and Channel 7’s Chairman Kerry Stokes’s costs. In lieu of the fine jail time is standard which is the option that I will take.
This is happening with the full knowledge and support of a dodgy NSW judiciary led by Premier Mike Baird, Attorney-General Brad Hazzard and Chief Justice Tom Bathurst. (Click here to read more)
There are two options, the first is trying to appeal on limited funds and playing the game on their territory which they control or two, don’t pay the fine and go to jail on principle which helps highlight how corrupt the system is and fight hard in the court of public opinion online which is our territory and we the public control.
Channel 7 owner Kerry Stokes and his lawyer Justine Munsie instituted defamation proceedings against me on the 14th of April 2014 and at the same time went to court ex parte (without my knowledge) and asked for a Suppression Order on the defamation proceedings and for a Suppression Order on the Suppression Order as you can in the document below.
The following day at 5pm Tuesday I was emailed the documents. The next day I published a post on this site about it and wrote an email of complaint to the NSW Attorney-General, Chief Justice Bathurst and the federal police. I have been found in contempt of court not just for the post I published but also the email of complaint I sent to the Attorney-General etc. Yes making a complaint is apparently a criminal offence even though it is protected as political communication as per the High Court judgement Lange v ABC 1997.
The Suppression Order only lasted 2 days and expired at 4pm on Thursday the 17th April although Stokes’s lawyer’s argued in court that day it should be extended permanently. Justice Harrison did hand down a judgment on the 24th regarding the hearing on the 17th but did not give specific reasons why he issued a Suppression Order in the first place on the 14th nor why did he have an ex parte hearing on the 14th of April. So why was the Suppression Order issued in the first place and why a Suppression Order on a Suppression Order.
Justice Harrison has never published a written judgment justifying it even though it is the law that judges have to publish their reasons which is meant to keep them honest. It could be argued that Justice Harrison is a criminal on the run as he cannot justify his actions and judgment.
WikiLeaks – The Suppression Order on the Suppression Order leaked
International news was made on Wednesday (30/7/14) when WikiLeaks leaked the document that shows the federal government had managed to get a judicial officer to issue a Suppression Order on a Suppression Order in a matter involving the Reserve Bank international bribery scandal. Every media organisation in Australia has reported the story. So will the courts or government have them charged for contempt? Of course not. So why was I found guilty and fined?
The SMH said: In a statement provided to Fairfax Media, Assange said it was completely egregious to block the public’s right to know and suppress the media in any instance, and especially in cases of international corruption involving politicians and subsidiaries of a public organisation”.
“Despite the legal implications WikiLeaks publishes this suppression order, as it will others, to uphold our values of freedom of information and transparency of government – the Australian people have a right to know, we work to ensure this right for them, even when their government tries to obstruct it.”
WikiLeaks suggests there has not been a comparable “blanket suppression order” since 1995 when the Australian government sought to suppress publication by Fairfax Media of details of a joint US-Australian espionage operation to bug a new Chinese embassy in Canberra. (Click here to read more)
Actually the situation is a lot worse than Assange or anyone else knows when you consider that Suppression Orders on Suppression Orders are being issued for simple court cases like defamation suits for people like Stokes. Where did the federal government get the idea to get the Suppression Order on a Suppression Order? Maybe the idea came from my matter with Stokes as they have been aware of it for months.
Where you see JM, KS and SD they are the initials for Justine Munsie, Kerry Stokes and Shane Dowling.
Section 6 is the Suppression Order and then lists what things are covered by the Suppression Order. Section 6 G is stating that there is a suppression order on the suppression order where is says “any orders of the court made in these proceedings. (the suppression Order)” (Click here for a PDF version of the suppression orders) That means at the time the Suppression Order was in effect I could not even tell people that Kerry Stokes was suing me for defamation and that there was a suppression order put on it. I could not even say someone is suing me and there is a suppression order on it. Yep, this is Australia your new Communist State. (Click here to read the transcript for Kerry Stokes’s barrister’s (Sandy Dawson) private hearing on the 14th of April with Justice Harrison (when I was not there) to have the Suppression Order issued)
The court never charged me for contempt Kerry Stokes did. So who runs the court? Stokes seems to.
As a side note the Financial Review published a story on the case Thursday morning before Nicholas heard the sentencing, so at least someone in the MSM have done their job (Click here to read – It is behind a paywall)
The Suppression Order on the Suppression Order and why I have to be punished
What has happened is a deliberate attempt by Kerry Stokes and his mates in the courts to send a message to all the little people. Do as you’re told otherwise you will pay. The reason given by Kerry Stokes that he was entitled to a suppression order in the first place was that I disobeyed an instruction from him in 2011 not to publish a threatening letter sent to me by his lawyer. Courts are issuing those types of orders on a regular basis and do not want others to disobey them. (Click here to read)
What every Australian should be concerned about is how does a billionaire media owner like Seven Group Holdings Limited Executive Chairman Kerry Stokes manage to get a Suppression Order on a Suppression Order in a defamation case and how many other times has this happened and to whom and by whom.
Judgments of William Henric Nicholas QC or also known as Nicholas AJ
Acting Justice Nicholas heard the contempt proceedings on the 15th July and handed down a judgment on the 22nd July and then heard the sentencing hearing on Thursday (31/7/14) in my absence and handed down a judgment ex tempore (in court immediately). I only found out about the judgment on Friday when I phoned the court myself. I wrote a post about the contempt hearing (Click here to read) and click here for the sentencing judgment. I did email in submissions but they pretty much went in the bin as Nicholas admits. (Click here to read the submissions). I could dissect how corrupt both of Nicholas’s judgments are further than I have but I’ll save that for another time. The fine is $2000 and Stokes costs are to be paid forthwith on an indemnity basis.
Today it is me, tomorrow it could be you or another journalist or another blogger or simply someone using Twister or Facebook etc. Where is the attack on free speech and political communication coming from? The people who are meant to protect your rights like Channel 7’s Kerry Stokes and the politicians who protect him.
Make sure you save a copy of the above picture and start putting it everywhere such as Facebook, Twitter and even the local message board etc.
So what is motivating Kerry Stokes – Nothing more than a power trip
Some might wonder why Stokes is doing what he is. Well Stokes has a long history of suing anyone and everyone, just Google the C7 case for starters were Stokes had to pay $200 million in legal fees and lost badly. But then it could be the fact that I have written numerous times about the 2010 “election year bribe” where Kerry Stokes has been ripping off the tax payer and not paying his share. (Click here to read more)
Mr Stokes has been married four times and does not talk to his 2 children from his first marriage. In a story in the SMH last year titled “Billionaire’s ‘forgotten’ family speaks out” Stokes’s granddaughter is quoted as saying: “I am very disappointed in him, and a little bit disgusted that he can publish things about his other children and leave out his other wife and children and his granddaughter. I don’t really have any sympathy for him,” says Tara, the four-times-married billionaire’s granddaughter by his eldest son, Russell.” (Click here to read more)
I wouldn’t normally raise someone’s personal issues but I think in this case given his extreme relationship with his own family it helps to some degree explain why Stokes acts as he does. Stokes seems to only care about power and nothing else.
Is Kerry Stokes a fit and proper person to be a Director of a company?
Directors of companies are meant to be fit and proper people. The question that has to be asked is whether Mr Stokes fits that category. I have no doubt he does not and that he should resign or be sacked from his position as Executive Chairman of Seven Group Holdings Limited.
Someone wrote a while ago in the comment section that they felt sorry for me regarding being sued by Stokes. Well there is nothing to feel sorry about as this website is about driving change for the better and if you are going to try and change things you are going come up against obstacles. That’s all Stokes is, an obstacle and he is not as tough and powerful as he thinks he is. In part at least what is happening with the Suppression Orders is an attempt at media control/censorship or at least social media control/censorship.
What you can do to help!
The obvious thing is that you can use the social media buttons and promote this post because the number of likes and how times it is promoted on Twitter etc will influence whether or not the politicians do anything. And make a donation if you can which helps a lot. But also use the contacts below and ask the politicians why they haven’t already taken action given I notified them long ago what is happening. Remember all Australian’s rights which include your rights have been undermined by the precedent that Justice Nicholas and others have set. Because a precedent is a law and it is what other courts, especially lower courts, are meant to follow.
Contacts to email and phone and ask them what they are doing about protecting your right to free speech and political communication regarding the above:
Federal Attorney-General George Brandis – email@example.com – Ph(02) 6277 7300
NSW Premier Mike Baird – firstname.lastname@example.org – Ph (02) 9228 5555
NSW Attorney-General Brad Hazzard – email@example.com Ph (02) 9228 5258
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For people who want to help and put a few posters up around your neighbourhood below are 2 different sizes of the same poster. Just click on them then save them
Kerry Stokes suppression order poster – A4 – Click here: https://kangaroocourtofaustralia.files.wordpress.com/2014/08/kerry-stokes-suppression-order-poster-a4.jpg
Kerry Stokes suppression order poster – A3 – Click here: https://kangaroocourtofaustralia.files.wordpress.com/2014/08/kerry-stokes-suppression-order-poster-a3.jpg
just read this…do hope that someone who can help you reads this…. all the best Kaylene
If we all join together and do our bit we can help ourselves.
Quis custodiet ipsos custodes
Hang in there Shane you have the admiration of everyone who is lucky enough to read your missives, The very best of luck, what goes around comes around. Regards Eric Shepherd.
I am with Eric and please hang in there Shane, you have all of our prays Mate..:)
I’m sorry you may have to go to jail Shane. Keep your chin up mate. Kerry Stokes is a dog of a person, simple as that.
All the best Shane, the Truth will survive !!
As Usual this is and unbelievable Disgrace , How much further can these Traitors and Criminals go before we the people stand up for Something ? and actually do something about it.
That is truly awful.
All media moguls eventually die of old age and 5 years after they die many can’t even remember who they were. Time is on your side Shane
Oh they will be remembered alright, but not in the way they want. Mr Wonderbra, lol. And for most of them to go down in recorded history as being part of the wave of corruption currently being exposed, their children, great grandchildren and further descendants will be brought into great shame when they see what their ancestors really did.
I bet not many of them have thought about that.
unfortunately, most descendants are cut from the same cloth! Channel 7 is not worth watching, I rate it with the ABC…garbage!
I can fully comprehend the position you have found yourself in. You have my support and gratitude for standing up for all Australians RIGHTS. What the 1% backed by the JUDICIARY and POLITICIANS are doing is wrong. We the Australian people are not slaves and the political parties, the judiciary and the 1% are not our masters. Stay strong Shane.
An utter disgrace. Be strong and vaya con Dios Shane (hopefully not to prison)
A percentage of people in society believe in pure and right principles.
Those folk are the defenders of the quality of democracy and freedom.
Sadly they are usually vigorously attacked with ferocity in much the same manner as change agents are.
The likes of people who would cut such honest people down are the Corporate Psychopaths, criminals, Extreme Narcissists with some degree of dysfunctional Sociopathy in their make-up.
One of their favourite tools is Defamation laws; I know I am a victim of such a matter.
Some Judges as you rightly point out are not worth the respect their cloaks of office would earn them. In my circumstance the Judge defamed me in summation and records of his decision yet he is immune from prosecution because he has an equivalence of Parliamentary privilege that is afforded Judges in their work. Another abuse of office.
Stay strong you do have supporters.
Just keep shaking my head – when IS THE FEDERAL GOVERNMENT going to put a stop to the corruption in our Courts – we all thought Tony Abbott would be better than the Rudd/Gillard mob – come on Tony, do something about this.
CHANNEL 7 IS A BIASED UNDEMOCRATIC, ANTI-AUSTRALIAN DICTATORSHIP, THAT PUSHES THE GLOBALISTS AGENDA DOWN EVERYONE’S THROAT. ANYONE WHO STANDS UP AGAINST THE CONTROLLED MEDIA IS DISCREDITED OR JAILED. THIS IS WHY
MAIN STREAM MEDIA IS DYING, AS MOST REALISE THE ELITE CONTROL AND USE THE MEDIA TO SELL THEIR PRODUCTS, DREAMS( OF WORLD POWER) AND CORPORATE MONOPOLIES. THE MEDIA OWNERSHIP HAS TO BE BROKEN UP, AND THE OWNERS MUST BE HELD ACCOUNTABLE FOR THE LIES, PROPAGANDA, SOCIAL ENGINEERING AND DENIAL OF DEMOCRACY IN AUSTRALIA.
I am deleting Channel 7 (actually 6, 60-64) on my TV Remote Control. Those who support censorship are not welcome in my living room.
Pride is where you stand by your principles. Well done Shane.
The prostiticians have none. They duck, dive, hide or just make themselves scarce when an honest decision is required. They appoint these criminals then never undo their mistakes. Is it any wonder white collar crime is so alive & well in Australia? Labor, Liberal, Geens – whomever is elected – they all turn out to be the same once they get into power. High powered corruption at its worst is what has been meted out to you. Will karma ever get them? In this lifetime? I bloody well hope so! I am completely aghast at the treatment you have received. Take care & keep up your great work.
Shane, it appears from your article that the sentence is inappropriate for the crime.
On balance, maybe a fine of $1 would reflect the gravity of the crime.
Yes, I’m sure $1 fine is most appropriate, after all Justice is “Blind”.(http://en.wikipedia.org/wiki/Blind_Justice) …. ie neutral.
Kerry Stokes has obviously read your T shirt “Why rent a lawyer when you can buy a judge”
You think that this is about “contempt of Court”? You have exposed these people for what they are, and this is pay back my friend. Whatever I can do to help, please ask.
Read the last section of the above article where is says: What you can do to help! and do what you can. Thanks
Stokes will turn 74 on 18 Sep 2014. His Wikipedia entry is an interesting read concerning being adopted in 1940 and four marriages.
Don’t bother with Brandis. He’s bought and paid for. Sold his soul long ago.
How can any law-abiding Australian citizen keep putting up with such dishonest and disgraceful actions by some (too many) Judges in our courts for so long and for how much longer?
As sure as night follows day Shane you deserve so much support every good free thinking Australian can do for you in any way– and I pray you will get it and quick.
And this is what the evil powers to be are VERY afraid of is “Good People Power”.
You are truely cared about by many people Shane and “THANK YOU” doesn’t seem to sound enough.
You should apply to the court for a payment plan citing hardship and pay the fine and costs at $1 a month. What is the $ value per day of incarceration now? I know years back a friend that got nabbed for heaps of unpaid speeding fines did her time at $1000 a day. Is it still similar or has it kept up with inflation?
Re: citing hardship—this is a very inspiring alternative that I would be proud of Shane if he choose to take–try anything Shane.
Whatever happened to freedom of the PRESS, and a mans freedom to an opinion? We are subject to the opinions of Editors and publishers and TV bias, constantly, are they FREE to say what they want?
Is it not time for the men and women of this land to take back the control from the criminal Freemasons ie: the Judiciary and the government. We all need to put away our need for material things and get down to taking our land away from the controlling, money grabbing criminals, if we do not stand up now what type of a world are we leaving for future generations to come, the reporter was reporting, so where is free speach supposed to be a crime or sedition, next we will be classified as criminals for coughing in public. WAKE UP AUSTRALIA!!!!
Was it Voltaire who said “to know who rules over you, find out who you are not allowed to criticize”?
Shane, I hope this humble donation will be of some assistance for your fight towards true justice and your freedom to keep ordinary Aussie citizens informed of what evil is well hidden from the general Australian public of which is totally unacceptable.
Don’t ever change from your ethical campaign for transparency, truth and justice 🙂
I think this case highlights one of the worst flaws in our legal system.
Technically Shane broke the law in disobeying the suppression order so is definitely in contempt.
But contempt is exactly what the courts deserve when they behave in this manner. It simply isn’t reasonable or fair to expect citizens to obey the court if they make such blatantly and grossly unjust rulings.
Unlike most other professions it seems like judges are not subject to professional or ethical standards.
Shane, my view is that when a person(s) is(are) obligated to comply with a court order, including an order not to publish then the person(s) is(are) entitled to be given reasons why having to comply with the orders. without any reason given I view no one can expected to comply. In the Marriage of Tennant (1980) 5 FLR 777 at 780 (Elaborate judgements are not required, but the reasons which lead the magistrate to make his order must be explicitly stated.) if therefore a judge issuing a non-publication order effective immediately then I view not providing a reason at all is an abuse of judicial powers and cannot be enforced.
The only way to get any justice is to become an independent politician,for years i have been watching these things and the only way is to hit back where it hurts most.
Mmm. Do they understand they just provided you with free board, food , time and Internet for the duration?