On Wednesday, the 21st June I was charged by the NSW police for breaching telecommunications laws for an email that I sent in September 2016 to all the judges of the NSW Supreme Court asking questions and giving them an opportunity to respond to allegations which is nothing more than journalists do around the world every day of the week.
The police executed a search warrant on my unit while I was at work and took my computer and the spare one I have which the police said they will give back in about 10 days which has forced me to buy a new one. I went to the police station after work and was charged.
If I am found guilty the repercussions are potently huge for every journalist in the country who emails questions to criminals or alleged criminals before they publish articles. The police officer who charged me even said that the area of law that I am being charged with is unsettled. In other words, he was not sure that there was a legal basis for charging me.
At this point, there is only one complainant and that is the NSW Supreme Court registrar Rebel Kenna although it was the Crown Solicitor Ms Lea Armstrong who made the complaint on Rebel Kenna’s behalf. They are also the 2 people who are overseeing a current contempt of court case against me in the NSW Supreme Court.
The charges are some 9 and 1/2 months after I sent the email and the police said no one else has complained at this point but it is only 6 weeks since I raised allegations of criminal conduct against Rebel Kenna and Lea Armstrong in the NSW Supreme Court on the 4th May 2017. It makes it very obvious that Rebel Kenna’s complaint is a retaliatory action against me raising her and Ms Armstrong’s criminal conduct in court.
The email in question shows up in an article I published last year titled “Paedophile priest gets 3 months jail for raping 3 boys by NSW Supreme Court’s Justice Hoeben” and the article was also filed in court on the 4th of May as part of my defence.
The court matter that was in court in the 4th of May is the contempt proceeding by the NSW Supreme Court called “Prothonotary of the Supreme Court of NSW v Shane Dowling“. The Prothonotary is the head registrar for the court and it is my understanding that is Rebel Kenna so she would have known what I said about her in court on the 4th of May. Lea Armstrong was in court that day instructing the barrister so was also aware of the allegations I made against her and Rebel Kenna.
On the 3rd of February 2017, the registrar of the NSW Supreme Court sought leave to have me charged for contempt for comments I made in court that day and I wrote an article about it titled: “Chief Justice Bathurst has journalist charged with contempt for accusing him of corruption” and said:
NSW Chief Justice Tom Bathurst instituted contempt of court proceedings against me for accusing him of corruption in court on Friday the 3rd of February 2017. The corruption is being a bribe taker and paedophile which I have previously written on my website. Chief Justice Bathurst has used taxpayer funds and taken out a suppression order to conceal who has charged me with contempt and to conceal the fact that they are trying to hide the very serious allegations. (Click here to read more)
When I was finally charged in April they dropped the claims against me for saying anything about Chief Justice Bathurst and: “I was charged for contempt for allegedly calling a Justice Clifton Hoeben a paedophile and Registrar Christopher Bradford a paedophile and a bribe taker in court on the 3rd of February 2017. I have pleaded not guilty and deny the allegations against me.“ (Click here to read more)
Hearing on the 4th May 2017 – Justice Helen Wilson – Supreme Court of NSW
At the hearing, I pleaded not guilty and denied the allegations and also ran a defence that I was also protected by the implied freedom of political communication in the Australian constitution.
I wrote on the 11th of June in an article titled: “Blogger charged with contempt ordered to serve Attorney-Generals with Notice of a Constitutional Matter“
The pursuit of me by the Supreme Court of NSW for contempt has stepped up a notch with the court ordering me to serve all Australian Attorney-Generals with a Notice of a Constitutional Matter pursuant to section 78B of the Judiciary Act 1903.
Neither Clifton Hoeben or Registrar Christopher Bradford have filed an affidavit in the case nor have they denied the allegations that they say I made. They have also not charged me or complained about the allegations I made against them in an article last year titled “Paedophile priest gets 3 months jail for raping 3 boys by NSW Supreme Court’s Justice Hoeben” even though I wrote to them and let them know I would be publishing the allegations. So I take it they confirm that the allegations in the article is true and correct. (Click here to read more)
It is possibly the 11th of June article that was the trigger for Rebel Kenna and Lea Armstrong to make the retaliatory complaint to the police given I had pointed out no one had denied the allegations I had made against them in the article and email.
The email complained about was sent to every judge of the NSW Supreme court on the 6th of September 2016 and the article with the email in it was published on the 8th September 2016. The article was about a paedophile priest receiving 6 months jail after abusing 3 boys and when it was appealed by the prosecutor because the sentence was scandalously inadequate instead of getting a longer sentence the judges reduced it to a minimum 3 months. In the email, I made allegations against various judges and registrars for being paedophiles, suspected paedophiles and gave them the opportunity to respond before I published the article and let them know I would be publishing the email. Not one responded or denied the allegations but they obviously received the email given Rebel Kenna’s complaint.
The article and email also raised the issue of NSW judges receiving bribes of $2.2 million as reported by Fairfax Media and the ABC’s Four Corners in 2015. (Click here to read more)
At no stage did anyone sent the email respond or deny the allegations. No one has ever contacted me to complain about the email or article. There are never been any defamation threats or action. There has never been any contempt of court action.
Rebel Kenna’s complaint to the police which was done via Lea Armstrong said the email made her physically sick. So why didn’t she complain or take any action before?
I had previously made a compliant to the court of assault against Rebel Kenna and a court sheriff in 2015 and on the 4th of May 2017 I made a number of allegations against Rebel Kenna including:
- Rebel Kenna colluded with a court sheriff to threaten and assault me while I was in court at the bar table representing myself on the 24th of August 2015 and I made a formal complaint to senior management of the court. (Click her to read more)
- Every decision Rebel Kenna made at various directions hearings was in the favour of Kerry Stokes’ barrister Sandy Dawson and Rebel Kenna was clearly acting corruptly.
- I raised the article and email from last year in court on the 4th of May and while I did not expressly mention Rebel Kenna in relation to the article and email she would have known she was named on them and would have been very annoyed that I had raised the email and article in court.
- In court on May 4th I raised the fact that previously in court when I was in front of Rebel Kenna for a directions hearing I asked her not to list a hearing before “paedophile judge Garry Neilson“. I said this a number of times and Rebel Kenna did not complain.
NSW Crown Solicitors Office make compliant for Rebel Kenna
Why the NSW Crown Solicitor is making a complaint to the police on behalf of a public servant is very disturbing. Rebel Kenna should have been made to make the complaint herself. Why is the taxpayer paying for it?
One positive is that there is no suppression order on the charges against me or the article I published last year so it can be spoken about freely and it also shows how futile the suppression orders are in the contempt matter against me.
Telecommunications laws – CRIMINAL CODE ACT 1995 (Commonwealth)
The exact part of the Telecommunications laws that I have been alleged to have breached is section 474.17 of the CRIMINAL CODE ACT 1995. Using a carriage service to menace, harass or cause offence
(1) A person commits an offence if:
(a) the person uses a carriage service; and
(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
If Rebel Kenna was so offended why didn’t she make a complaint when I emailed her and the Supreme Court judges in September 2016. Why did Rebel Kenna start to be involved and continued to be involved in the prosecution of my contempt case? Why hasn’t she sued for defamation? etc.
Threat to all journalists – Fairfax Media and Eddie Obeid
If I am found guilty of breaching section 474.17 of the telecommunications act for emailing questions, allegations and putting the parties on notice that I plan of publishing them that leaves the door open in the future for other journalists to be charged with the same crime.
In 2006 Fairfax Media and its journalists Kate McClymont and Anne Davies were found have to have defamed former Labor Party MP Eddie Obeid by claiming he was corrupt and he tried to get a $1 million bribe. I am sure that Kate McClymont and Anne Davies would have emailed Eddie Obeid questions before they published and in a case like this there would have been nothing stopping Eddie Obeid from making a complaint to the police for breaching section 474.17 of the telecommunications act given the court found the allegations were defamatory. Any journalist could face charges just for asking questions. (Click here to read more)
As we all know Eddie Obeid is now in jail because he was corrupt when he was a politician.
Attack on Freedom of Political Communication and journalist’s rights
This is a case of government officials using a police force trying to stop an Australian citizen’s right to free speech and political communication. I make no apologies for criticizing the courts and judges given their scandalous conduct. Former Chief Justice of High Court of Australia Sir Anthony Mason said:
In Nationwide News Pty Ltd v. Wills, Mason CJ described scandalising as a ‘well recognised form of criminal contempt’ (at para 21) but suggested there was no contempt at common law ‘if all that the defendant does is to exercise his or her ordinary right to criticise, in good faith, the conduct of the court or the judge’ (at para 21).
He stated the judiciary should be open to criticism and cited US Supreme Court Justice Hugo Black stating in Bridges v. California in 1941:
The assumption that respect for the judiciary can be won by shielding judges from published criticism wrongly appraises the character of American public opinion. … an enforced silence, however limited, solely in the name of preserving the dignity of the bench, would probably engender resentment, suspicion, and contempt much more than it would enhance respect (pp. 270-271). NATIONWIDE NEWS PTY. LIMITED v. WILLS  HCA 46;
I’ve been issued with a court attendance notice for August which I assume is like a directions hearing and what the process is after that I am unsure. I had to buy another computer to see me through until I get my other one back from the police and I don’t know if I would be keen on using the old one now.
This matter has a distance to go but it is a battle well worth fighting. Just for the record the police were fine with me writing this article. But in saying that when the police are raiding the homes of journalists and taking their computer it should be disturbing for all Australians. Even more so when there was no need to as I had already told the court on May 4th that I had published the article and email and tendered it as evidence.
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