On Thursday (3/8/17) I was found guilty of contempt of court for exposing the scandal of Justice Clifton Hoeben giving a paedophile priest 3 months jail. I was also found guilty of breaching a suppression order for writing an article telling people that I had been charged for contempt. It was in effect the judicial officers of the NSW Supreme Court putting a suppression order on their own case.
The judgement by Justice Helen Wilson was a total hatchet job on me but what should concern every Australian is the precedent Justice Wilson has set in an attempt to whittle away the rights free speech and political communication of all Australians.
During the course of the matter I was ordered to write to every Attorney-General in Australia and serve them a Notice of a Constitutional Matter as it was my defence that I did not say what they claim I said and what I did say was political communication and it was protected by the implied freedom of political communication in the Australian Constitution.
The Notice of a Constitutional Matter gives the Attorney-Generals the opportunity to intervene and put arguments forward to protect the rights of all Australians. It is quite normal for none to intervene at the first hearing but more common that they intervene if it goes to appeal or the High Court of Australia.
Justice Wilson said at paragraph 51: “As the lack of interest in the argument by the Attorneys-General may suggest, the defendant’s confidence in the availability of a constitutional defence is misplaced.“ (Click here to read the judgment)
That is a scandalous comment by Justice Wilson given the matter was not at the appeal of High Court stage. It is true that no one intervened but the Federal Attorney-General and NSW Attorney-General wrote to me and said that if the case goes to appeal or the High Court they wanted to be notified as they would reconsider intervening. Also 4 other State Attorney-Generals said if the matter went to the High Court they wanted to be notified as they would also consider intervening then. If any of the Attorney-Generals do intervene will Justice Wilson change her judgement to read that there was a constitutional defence and her judgement to dismiss it was misplaced?
The major problem is if what Justice Wilson said is allowed to stand it will be used by other judges to wipe people’s claims of constitutional defences unless an Attorney-General intervenes which is scandalous. So the implied rights to free speech and political communication in the constitution are wiped unless you can get a Attorney-General to support you. Can anyone ever take Justice Wilson serious again?
One of the key defences that journalists and the average person rely regarding defamation claims and other laws when trying to expose government corruption is the defence of “implied freedom of political communication” as the High Court of Australia ruled in Lange v ABC in 1997. Say good-by to using the precedent Lange v ABC unless an Attorney-General is there to support you.
If the AG’s don’t intervene then it means that there is no constitutional issue. Every lawyer in the country would know that is total rot and question Justice Wilson’s competency as a judge which helps explain why Justice Wilson is sneakily trying to put a suppression order on the judgement.
(The background to this article can be read in previous posts by clicking here and here)
Suppression orders. The cover-up to keep everything from public scrutiny.
When the contempt matter against me started in February 2017 Justice Beech-Jones put a suppression order on a few elements such as not naming the judge and registrar in the matter. At no point did he put a suppression order on the whole case.
Justice Wilson already suppressed the names in the judgment so why the suppression order on the whole judgement? Obviously to hide her judgment from the Attorney-Generals and their staff who have already seen the transcript of the hearing when I sent it to them with the Notice of a Constitutional Matter.
At the hearing on May 4 I asked Justice Wilson to review the suppression orders with the view of having the limited suppression orders lifted as there is no exceptional circumstance to justify the suppression orders which by law there needs to be exceptional circumstances. Based on Justice Wilson’s judgment she has ignored my request and now seems to claim Justice Beech-Jones put a suppression order on the whole case and the judgement can’t be published.
Having a suppression order on a whole judgment is a scandal by itself as what is meant to keep judges honest and accountable is the published written judgments which all the public should be allowed to scrutinize. Add that to the fact that Justice Wilson is trying to falsely claim that it was Justice Beech-Jones who put the suppression order on the whole judgment then it is time for the NSW government to intervene and have a good look at what Justice Wilson and other judges are up to issuing dodgy suppression orders.
The transcript
I was charged for contempt for what I said in court in February 2017. The transcript has been deliberately tampered with by selectively editing it by the prosecution. Justice Wilson is well aware of this and has gone along with it to make sure the contempt conviction sticks.
I pushed this point at the hearing on the 4th of May which you can read yourself in the transcript here and here. Compare that to what was said in the judgment and it is disconcerting. I called Justice Hoeben a grub which I am entitled to do as per the precedent Coleman v Power. Not a paedophile as they claim. At the end of the day the whole thing is futile as I wrote an article last year titled “Paedophile priest gets 3 months jail for raping 3 boys by NSW Supreme Court’s Justice Hoeben” which is what started it all and that article has gone unchallenged from a defamation viewpoint and will be there for the next hundred years.
It is also clearly defendable because it is political communication as I questioned the performance and conduct of a judge who is ultimately part of government. The same communication that Justice Peter McClellan AM Chair, Royal Commission into Institutional Responses to Child Sexual Abuse has encouraged everyone to have. During a speech on Wednesday 2 August Justice Peter McClellan said:
The Royal Commission’s recommendations in relation to criminal justice issues are an opportunity for the entire Australian community to come together through their Parliaments to make changes to ensure that the High Court’s sentiments in Munda are achieved.
There are likely to be some, perhaps many, practitioners and judges, who will be resistant change. Perhaps their thinking may be assisted by reflecting on a comment by Lord Judge, who said:
Just because a change does not coincide with the way we have always done things does not mean that it should be rejected … Do proposed changes cause unfair prejudice to the defendant? If so, of course, they cannot happen. If however they make it more likely to enable the truth to emerge, whether favourable or unfavourable to the defendant, then let it be done. The truth is the objective.
The Royal Commission provided its report in relation to criminal justice to government last week. (Click here to read more)
The real issue here is that serious allegations against judges that have been made have gone unchallenged and unchecked and they are trying to silence one of the whistleblowers and they don’t want anyone to know the facts. It must be remembered that it was Fairfax Media and the ABC that in 2015 exposed that NSW judges had taken bribes of $2.2 million which would only be the tip of the iceberg so NSW judges have plenty to hide.
I wont dissect the whole judgement but there are plenty of grounds for appeal. For example their key witness was Kerry Stokes’ and Seven West Media’s lawyer Richard Keegan and Justice Wilson refused me the right to cross-examine him which is a blatant denial of natural justice. In fact Richard Keegan never showed up to the hearing so I have to wonder how did he know that Justice Wilson would refuse to allow me the right to cross-examine him on his affidavit? Was he already advised before the hearing?
Over the next day or so I will email formal complaints to the federal and NSW Attorney-Generals regarding Justice Helen Wilson’s decision and conduct during the hearing and add the emails to the comments section below as part of this article. I encourage you to do the same.
I am also due to be sentenced for breaching the dodgy suppression order in the Jane Doe 1 & Ors matter on Thursday (10/8/17). (Click here to read more)
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Categories: Justice Helen Wilson
“The Prothonotary argues that the defendant’s conduct in making the allegations he made in court on 3 February 2017 was an act calculated to impair public confidence in the Court and the administration of justice, and constitutes contempt of the Supreme Court. ”
What Hogwash! I don’t think Shane Dowling is impairing public confidence, I think it is the behaviour of the court that is creating it’s own self-fulfilling contempt. It appears the court has missed their ride on the Clapham Omnibus and is completely out of touch with public sentiment.
db. I totally agree. It is the way judges and others behave which causes contempt for courts. In the recent case of three Canberra politicians criticizing judges (for which they apologized in time to avoid being found to be in contempt), a form of contempt called ”Scandalizing the courts” was mentioned in the press. This dates from the 18th century (for the glorification of courts) but was abolished in the UK in 2013. I understand that legal immunity has also been abolished in UK. Our laws are based on those of UK. Why are we lagging behind? Helen Tastard
The corrupt system Shane wrote of in his articles sentenced him to four months in jail today?
It seems as though they’ve got their UNJUST revenge today.
The judicial system is so screwed up it is being bought by the wealthy too pervert the course of justice.
Why don’t we have a Federal ICAC? Because of those who harbour fear from such a body are the ones who are resisting. So many of our gutless turds parading as MP’s refuse to have a Federal type ICAC. You definitely can not trust the law or the judiciary or those who preside over it. Shane Dowling is a victim of our corrupt system and his supporters must unite to fight the injustice served upon him!
I’m pissed off, our rotten filthy corrupt judiciary system jails good men and let’s corrupt bastards like Arthur Sinodinos the man with the impeccable memory who repeatedly told ICAC ‘I can’t recall’ or ‘I can’t remember’ walk free. What sort of system do we have where people’s lives can be, and are controlled for $$$$, through our corrupt judiciary.
t
Shane,
I’m in.
Cheers Shane, think you probably have a best seller in the pipes!
Unbelievable – some people think they are above the law – judges, it seems – keep up the fight Shane.
Shane, keep up the flight for our Constitution; the one that controls power of Parliament and the Judiciary, and is ignored. Please read what I emailed you yesterday of power abused to alienate Australian-born from our country. Around 200,000 affected. Total sham. My struggle started in 2011. FCA file VID 1131 of 2012 seems to be removed. It shows contempt of court by the Federal Court judge making his own finding to support the Minister’s decision. When Parliament and the Judiciary is no longer bound by the Constitution, Australians are ruled by treachery.
t
SD, agree that you have now reached a stage where you need legal representation. That said, it will be challenging to find a lawyers that will do proper justice for all of your hard work and not “rip” you off..
Lawyers paramount duty is to the court, not their client. This concept has
bothered me greatly, as this matter is exposing corruption within the system. I do not envisage that many law firms would get involved, however am very supportive that now is the right time to consider legal representation.
Let’s hope some of the independant journalist guys support you in this battle as their future is also at stake. I want to read “uncensored” news articles that are not biased and display transparency of the facts, rather than much of the jibber that main stream media publishes daily.
Donation made 👍
I have seen only two reports of Shane’s sentencing. One was on Ch 7. Very harsh re Shane. The Sydney Morn Herald summary was not kind. Shane seems to have bee silenced for the present. The real issue relates to freedom of speech re judges etc under the Constitution. Helen T
I fully support you on this matter .as judges have got away with murder as in freedom of speech bring it on man as i have aways saidWE HAVE NO CONSTITUTION IN AUSTRALIA time to stop this in its tracks and WE as Aussies should have AND WILL HAVE OUR RIGHT TO HAVE FREDOM OF SPEACH HAMMER THE ATTORNEY GENERAL TO BRING TO A HEAD ONCE AND FOR ALL
Thank you Dr John for having the courage of your convictions. Shane is a brave honest man who does not deserve this disgraceful treatment by Sto0ke’s goons
It is common practice within the Australian Judicial system for the court to tamper with its own transcripts. I hear it frequently from many people who have been subjected to their tyranny. The whole idea of being in contempt of the court for publishing what has occurred in the court, particularly when it relates to the Judiciary protecting paedophile priests seriously undermines the peoples understanding of justice. In this instance we have two institutions who the community believe they can trust, IE The Church and the judiciary working together to suppress the truth which is a blight upon the integrity of the corner stones of our civilisation. One only has to watch how the judicial process is managing the matter of George Pell and its threats against any reporting of this matter to realise we can no longer trust the institutions we have been conditioned to believe in.
The court`s request to communicate with the Attorney Generals is an oxymoron as the Attorney Generals are all lawyers and are therefore servants of the court. Although they are elected members of parliament they still hold their allegiance to the court and not necessarily to the people!.
My blood boils reading about her and others actions here, actions that make one fully understand how rebellions involving extreme violence , civil wars and political assassinations are reverted to in some countries.
Allan. we have reason to be very angry but we need to find a non-violent solution. In California (where judges are apparently elected, not appointed by politicians as in Australiia) reform is under way. This movement was brought about by the community aghast at the child abuse being inflicted , and the community funds being siphoned off in the form of large costs awarded to judges’ favoured lawyers family reporters etc. The San Francisco Chronicle newspaper initiated the campaign. Can we find an Australian newspaper brave enough to do the same for Australia? I wonder why our journalists are not speaking out on Shane’s behalf as he is in jail, seemingly without means of communication. The part of California most affected is Silicon Valley, home of most computer-related companies. Its wealth is being eroded by judicial corruption.
The NSW Attorney General, Mark Speakmann, and the one he replaced, Gabrielle Upton, supported the Albury Court house in having me assaulted by police, when I was going to challenge their corrupt decisions against me in the Federal Court. They continue to allow Magistrate Murray to sit in ‘judgement’ of me, despite the fact that I have provided them with evidence of him committing perjury on the bench, to cover up for his initial perversion of the course of justice. The NSW Attorney General has encouraged his own employee at that same court house, and who instigated all of the corruption I have been facing there, to have me charged by police for lodging complaints about her with his office. The charge is illegal, in that it is against the law for an employee of the justice system, including police, to bring a charge against someone for lodging valid complaints about their misconduct and/or illegal behaviour. The AG allows the charge to remain on the list for hearing, however, the woman involved is now refusing to appear in court and have the matter heard, because she will loose.
What a joke on the people it all is. We appear before them to be punished if we commit a crime, while they commit crimes against the people, and go unpunished.
Magistrate Tony Murray, Albury Local Court, totally corrupt, and fully supported in that by the NSW Judicial Commission. In fact, I’ve been in hiding for the past two months, because Murray wants to jail me to silence me, and stop me from blogging about what he has done, on behalf of two women who made false allegations against me, and which were disproven by defence evidence. Murray and the court house mediator found a way to award a win to the liars, by dismissing the defence evidence. They did this by bringing a false charge against me, which they then claimed eliminated the need for the defence evidence to be considered. What a crock of sh*t.
Then did the same to ruin my appeal – bought another false charge against me, used that as an excuse not to consider the appeal, and then removed that comment from the transcript.
,
Suppression orders and closed court procedures except in the case of minors are a blight on justice. The judges know it. So what makes them do it? Why do they undermine the system that employs them? Perhaps they are just puppets doing the bidding of powerful others. Something is happening because the courts are in a parlous state. Sadly judges are no longer respected by the public. This matter of yours Shane has turned into a comedy of errors, not serious judicial considerations.
If you want to see how corrupt the Australian judicial system is look at the Legg & Devine case. Sent to jail without appearing in court – denial of due process contrary to Article 25 of the Victorian Human Rights and Responsibilities Act. They were also kidnapped an a NSW Supreme court of appeals (NSWSCA #3 2017) confirmed unconstitutional kidnapping by police for breaching a law that doesn’t exist in their own state. Further to that they were the second in Australian history accused of the crime of “religious vilification” for disrespecting a satanic paedophile cult who’s leader’s mandate child orgies on camera in leaked training videos just released. Further to that the judge Magistrate Harbison published fake case law saying Legg and Devine were present in the court room when they were being sentenced for contempt, contary to the Age Newspaper and Ordo Templi Orentis’s redacted Decemember 2007 Press release you can find with googling. According to that document Magistrate Harbison said their defence now backed up by the NSW Supreme Court of Appeals on grounds of jurisdiction was “embarrassing”.
As a result of this flawed decision to protect a pedophile cult, the pedophile cult took it all the way to the bank ahem tax office to use the judgement to say a court confirmed we are a “religion”. Now they don’t pay property or income tax and get tax free donations as a registered pedophile cult that “helps the Australian community” according to the Australian Charities Commission set up by Gillard and Rainbow Labor.
Great work on Garry Nielson being a gay scoutmaster judge. I too have been investigating what those gay scoutmasters Rainbow Labor Attorney Generals like Simon Corbell have been up to.
Your case isn’t unique Shane Chester. Australia is ruled by “grub” judges.
ty
In the stream of honesty, all adult Australians are aware of The Constitution Of Australia and abide by the rules set out therein.
All migrants who become naturalised Australians swear to abide by those rules, as must every Australian abide by those rules.
Why have the facts of the Federal and State governments, City Councils and judiciary becoming private corporations with an ABN come to light.
The aforesaid are now applying sentences and executing decisions upon Australians which ignore the laws set out in The Constitution Of Australia without approval from any source.
Is it not within the authority placed in the hands of the Governor-General to ensure that compliance with The Constitutional Laws Of Australia is required by all polititians and the judiciary of Australia.
[quote]”The judiciary is the branch of government which administers justice according to law. The term is used to refer broadly to the courts, the judges, magistrates, adjudicators and other support personnel who run the system. The courts apply the law, and settle disputes and punish law-breakers according to the law.”
Jonde, Are you serious with your above post ???? It struck an immediate chord with me as indefensible.
My parents migrated to this terrific country in 1957, and a few years later,received citizenship, the document of which all their dependents were also attached.
Now I can honestly state, without question, my parents did not even know an Australian Constitution even existed. In fact even myself, at the ripe old age of 18 years, prior to my departure for service in Vietnam, had no idea such a document existed, nor did anyone else in my Company. (Legal avenues were explored to question the legalities of sending underage people over seas to fight in a war.)
For you to therefore state and I quote, ” In the stream of honesty, all adult Australians are aware of The Constitution Of Australia and abide by the rules set out therein.” Is pure bullshit.
I challenbge you to PROVE that ALL ADULT AUSTRALIANS ARE AWARE OF THE CONSTITUTION AND ABIDE BY THE RULES SET OUT THEREIN !
Unfortunately, or fortunately, depends from which side one looks at the issue, I do have a little experience with our what’s so joking called “LEGAL SYSTEM” in particular, Industrial realtions, and have spent more time than I care to recall, in the defence box, and even making submissions under this system.
Due to that experience, I find the Australian Legal System a toothless joke, and biased to the tenth degree against the people it’s supposed to represent, and there’s no way in Hell, the people involved in implementing this shonky system abide by any Constituion, which is at the best of times, totaly toothless anyway.
Spot on Eddy
Eddy Those who do not know about the existence of the Constitution are victims of our failed education system. Helen T
Collusion.
They are defending there right to be unaccountable.
Do these public servants have the same staff turnover of private enterprise ?
If not then they are elitist and self serving.
If equal access to the law was a pillar of democracy (which it should be). then we are already living in failed state.
You have enough supporters for a senate run ? Parliamentary privilege may be the last vestige of free speech soon.
good luck.
Hoboturkey, your comments are spot on. In fact my experience with Industrial Relations Laws in W.A. highlight exactly what your saying.
On making a submission to be heard in that Venue, whether the submission is accepted or rejected, firstly depends on the RELIGION of the Clerk Of Court handling your submission. IF he considers the contents of your submission would in some how/way be detrimental to the religion of which he or she, is a member, your submission will be rejected without any explanation whatever. (I would love to hear what the folks who believe our Constitution has sway, feels about such behaviour LOL)
When I learnt of this, I laughed and told the person telling me this reason, he was joking, such issues would never have any validity in a Industrial Court.
He asked me to show him the submission, which I did, then he highlighted the points he felt were the crux of it’s rejection. He advised me to change these points and re-submit the submission, I would then discover first hand whether what he told me was true or not.
Sure enough, the modified submission was accepted this time round. I was advised by this same individual, lucky for me, the same Clerk Of Courts was there to receive this modified submission, because if it was another, with a different religion, it would again have been rejected without explanation.
So much for Australian Law, and so much for the Constitution. LOL.
Our courts behave in a way similar to some powerful religious institutions. Religion is said to have no place in politics yet politicians promote it through generous funding of private schools. It is almost impossible to shed the effects of religious indoctrination from birth even if one knows it is illogical. Even some rational people find it difficult to believe that priests and other clergy sexually abused children in their care.
How about trying to influence citizen groups like Get-up or similar to take up the stand. My fight with others Australia-wide against corrupt divorce lawyers and courts was done at a time when we had an incoming Labor government who had a policy of cleaning up Australia. I`m afraid no political party will do that again while they are infested with lawyers. But citizen groups burning with indignation at this time might be inclined to support you.
Ross, beware of the Labor crowd, my experiences with them, were no different than with the Libs. In fact BOTH of them colluded with each other in the case I was involved with in the Commission. They both supported each other, in their attack against the West Australian Engine Drivers, Fireman & Cleaners Union, in which they were successfull, in destroying completely, to give them free reign in PRIVATISING the West Australian Railways.
It was the height of my legal education witnessing the extent to which our legal system and it’s supposed followers completely ignored and did whatever they could to succeed in it’s destruction.
Legal or not.
Eddy
We need to change the legal system from the current adversarial type to one which seeks only the truth. It already exists in many countries and one name for it is the Inquisitorial system. Such a system involves very few lawyers. Neither major party really wants this as many MPs are lawyers. Barristers as a separate profession would have disappeared by now if judges did not openly favour those with barrister representation. The legal distinction between lawyers and barristers was removed by legislation many years ago. In theory lawyers can act as barristers.
In a Family Court case with which I am familiar the judge denigrated the applicant’s lawyer as well as the applicant and sent them away to find a barrister to “tidy up” the paperwork which was already correct. The case was strong but they were ordered to weaken it. This included removing the word “bias” from an appeal based largely on the bias of a judge. Bias is the only grounds for removing a judge. In court the judge tried to turn lawyer and barrister against each other. Both applicant and lawyer (but not the barrister) were threatened with contempt of court for bringing the case to court and punitive costs were ordered against the applicant.
I suggest that changing the government as a first step towards introducing the Inquisitional system. There may still be back bench politicians and Senators who would support such a change. It will take a long time but removing the current federal government is a crucial first step. Please vote Yes in the forthcoming non-plebiscite, optional “thing” to indicate our dissatisfaction with their current trickery, inaction etc. Until recently I was always an unquestioning LIberal coalition voter. H Tastard
It is time to look at the whole list of protections, that Judges once appointed are entitled to. They are quite staggering and place them in a group of the most protected elite; way above the ordinary Australian. For example, it is contempt for a police officer to even approach them if they are a suspect for a criminal offence. What the ?
I am concerned that Shane will be the victim of their self protection entitlements and will end up in the wrong no matter how right and correct he is on this matter. As for corruption, it is almost impossible to get rid of them even if it blind freddy can see the connection. All they have to do is weather the storm by bloggers such as Shane and deny, say nothing or use contempt of court as a weapon against anyone who makes allegations.
As for appointment, that is a political process where the Party in Government decides who they think would be more supportive of their policies. With a selection criteria like that, it’s not surprising that corruption can be a result. Good luck Shane, you are just a little hammer chipping away at the outer protective layer of a very solid object.
Paul 2. We must find a way to help Shane in his campaign. He is already a victim of the corrupt legal system. The so-called “separation of powers” is a farce. Thank you to Shane for speaking out about this.
These suppression orders are a gross abuse of the legal “System”.
Keep up the whistleblowing, Shane.
Your persistence is most admirable.
I fully support Shane’s campaign. The entire legal system is flawed. I have a page headed Australian Family Law Reform. Many of my posts to this and similar sites are instantly deleted. This indicates how afraid “they” are of having the corruption exposed.
From: SHANE DOWLING
Sent: 06 August 2017 20:35
To: ‘senator.brandis@aph.gov.au’ ; ‘ConstitutionalLitigation@ags.gov.au’
Subject: Constitutional Matter
Dear Attorney-General Senator George Brandis
I am writing to you as a follow-up to the Notice of a Constitutional Matter that I sent you a few weeks ago (see attachments) and your department responded saying that you would reconsider intervening if the matter went to appeal or the High Court. The reason the Notice of a Constitutional Matter was sent is because of my defence which I said was protected because what I said was political communication as per the High Court judgment in Lange v ABC.
Justice Helen Wilson handed down her judgment on the 3rd of August and said:
“As the lack of interest in the argument by the Attorneys-General may suggest, the defendant’s confidence in the availability of a constitutional defence is misplaced.“
As I said in an article I published today:
That is a scandalous comment by Justice Wilson given the matter was not at the appeal of High Court stage. It is true that no one intervened but the Federal Attorney-General and NSW Attorney-General wrote to me and said that if the case goes to appeal or the High Court they wanted to be notified as they would reconsider intervening. Also 4 other State Attorney-Generals said if the matter went to the High Court they wanted to be notified as they would also consider intervening then. If any of the Attorney-Generals do intervene will Justice Wilson change her judgement to read that there was a constitutional defence and her judgement to dismiss it was misplaced?
The major problem is if what Justice Wilson said is allowed to stand it will be used by other judges to wipe people’s claims of constitutional defences unless an Attorney-General intervenes which is scandalous. So the implied rights to free speech and political communication in the constitution are wiped unless you can get a Attorney-General to support you. Can anyone ever take Justice Wilson serious again?
One of the key defences that journalists and the average person rely regarding defamation claims and other laws when trying to expose government corruption is the defence of “implied freedom of political communication” as the High Court of Australia ruled in Lange v ABC in 1997. Say good-by to using the precedent Lange v ABC unless an Attorney-General is there to support you.
If the AG’s don’t intervene then it means that there is no constitutional issue. Every lawyer in the country would know that is total rot and question Justice Wilson’s competency as a judge which helps explain why Justice Wilson is sneakily trying to put a suppression order on the judgement. (Click here to read the article)
This cannot be allowed to stand and go unchallenged. While I will be trying to appeal I have limited resources to and I hereby ask on behalf of all Australians that you intervene and Appeal the judgment as it is in the national interest to do so. Alternatively, please have the matter removed to the High Court of Australia.
To make matter worse Justice Wilson has also said there is a suppression order on the judgment. Any matter where one party argues it is defendable on the basis of being constitutionally protected “political communication”, whether rightly or wrongly, should never have a suppression order put on it and it is a scandalous.
I look forward to your expedient response.
Regards
Shane Dowling
Kangaroo Court of Australia
Have already sent in a comment/advice
I feel i must share this with you all.
This afternoon we had a typical Aussie BBQ on a great Sunday afternoon, i made a point of alerting some of my mates ( fellow Australians ) of Shane’s site and the disgraceful bastardry directed at him in his endeavour to expose an increasingly sickening group of judicial, political and corporate grubby thugs .
As an ex serviceman, and i am sure a lot of other ex and serving members would wonder as to why we would serve to protect grubs like these people, we only wish we had met them on a battlefield in all honesty.
My mates and there wives were stunned at what i was showing them from this site, those friends include, a doctor, a vet, 2 bricklayers,2 electricians, a hospital dietician, a police officer, and 5 ex servicemen and my dog ” costello ” ( yes, my second one named after you know who ) all have promised to alert others to what’s going on here, this bastardry needs to be forced out in the open, the spineless traitors in the mainstream media are never going to help expose this social disease and the vermin who incubate it, and spread it.
God help future generations, it is incredibly sad the world we are leaving them, a world full of hate, greed, corruption, a world full of incredibly greedy,self serving, spineless politicians and an evil judicial system, in particular here in Australia.
Allan Moore. Well done for publicizing this! Helen T
As a lawyer of almost 47 years standing, it will be unfortunate if Her Honour’s judgement in his case is not reported or available in the normal course, as are ‘all’ other judgements of the Courts.
Reported judgements, particularly of senior courts, are the foundation of precedents for a lawyer’s ‘armory’ as a basis to properly advise clients and present to their Honours, in the conduct of a submission, to assist the court.
Assisting the court with known precedents is a primary duty of lawyers to the court.
It may be unethical for a lawyer not to inform the court of known precedents, even if the precedent is adverse to their litigant’s case.
Legal submissions must be able to include known precedents, if available/reported to assist the court.
If there is no reported record of a judgement, a litigant may be adversely inhibited if the litigant’s legal representative is ‘denied’ knowledge of a particular judgement.
The system does work!!
The system only works when system abuses can be held to account, suppression of court judgements hinders the exposure of such abuse. If it wasn’t for brave souls standing up to broken systems more abuses would arguably prevail. An effective breach goes a long way to correct injustice and is the right thing to do when such injustices occur.
What I always find incredible and disturbing is that, with the so-called collective intelligence and moral fortitude of both the courts and the legal fraternity, it always ends up to be a lay person that calls out that the kings are wearing no clothes.
You all should be ashamed of yourselves.
db. I have seen no evidence of the qualities you mention in lawyers or judges. Except for one brave lawyer. They are a very privileged group who do not have to apply for their jobs in the normal way. There are no external controls which means their rise is virtually automatic. They are clinging to legal immunity which protects them from consequences of their mistakes. Some of these mistakes might be inadvertent but others are the result of collusion. Helen T
“I have seen no evidence of the qualities you mention in lawyers or judges” – Neither have I Helen, but what is touted by the legal community of themselves differs from the way you or I see them. Contempt rulings are nothing more than “My way or the highway” bullying to keep the status quo, aka the sanctity of the court system. It is after all a protectionist system that is in desperate need of modernisation. Unfortunately the system is run by old dogs with a resistence to change because they have been doing quite well personally with the system being what it currently is. They will not give that up so easily.
I say this of course with knowing that there is a public need for an effective legal system and a need for a public respect towards it. Despite the self preservating rhetoric and actions coming from the internals of the current legal system, I do believe it could be much better than it currently stands. Unfortunately law reform is a painfully slow process that is mainly based on the correction of mistakes rather than the anticipation of them.
To compare, if bridges were built on the correction of mistakes instead of the anticipation of problems there would be many more bridges collapsing, and massive overruns in construction budgets. The legal system is the antithesis of how the rest of the modern world works, and yet the legal system believes that their system can reflect modern public sentiment. But to us it seems to just bungle it’s way along, clinging to catch up.
It is a delusion of grandeur at the highest level.
Ned. I cannot understand why the legal profession looks backwards for answers. Surely current laws should be applied to modern cases. If a judge rules unfairly, that judgment can be perpetuated. I know. The reliance on precedents does not encourage intellectual rigour in lawyers and judges. In one Family Court case I know, a very old and irrelevant precedent relating to soap companies was cited. It seemed that the judge had made up his mind and that someone had to cast around for a precedent to fit. The judgement was published online using pseudonyms. If I publish an account of that case, I will be charged with contempt of court. Both the applicant and their lawyer were threatened with that charge for bringing the case to court. It involved child abuse and multiple contact contraventions.
Ned. Sorry but it is a corrupt system which does not work. My earlier long reply to you was deleted. Let’s see if this is allowed to stay. Helen T
Dear Ned
Can you tell me where you have seen a full and objective report of Shane’s sentencing? I have seen two which do not mention the real reason that Shane has been silenced. They were a CH 7 morning chat show and Sydney Morning Herald. Please don’t let this be removed before replying. I can’t find my previous two answers to this post. Helen T 28 Aug 2017
Shane , With your many followers, why not draft a protest letter to all Attorneys-general in each state including the Federal A-G requesting,-( NO, demanding,) that they interfere & resolve this situation. send this draft to all your followers & ask them to sign & email or post same to all the A-Gs. Surely when they receive hundreds, & hopefully thousands of these protest letters, they will have no choice but to “take up the cudgel”.
People power , Shane. Let’s do this, NOW !
One of you learned people could draft such a petition/protest letter the document should be produced and signed by Shane’s supporters not Shane himself. We must be seen as ticked off citizens demanding intervention to right a disturbing wrong. The outcome of this case will have a profound effect on all Australians in the long run, that being that these grubs will become more powerful and corrupt, the ground swell needs to start now.
A further thought, such a document should include a preamble which includes the corrupt actions and the threat these actions expose all Australians to.
http://www.smh.com.au/business/media-and-marketing/blogger-shane-dowling-jailed-for-contempt-for-naming-tim-worners-alleged-lovers-20170810-gxt4px.html
,
latest news
http://www.canberratimes.com.au/business/media-and-marketing/blogger-shane-dowling-jailed-for-contempt-for-naming-tim-worners-alleged-lovers-20170810-gxt4px.html
t
I totally agree with your position on this and good luck.
However, I must add at this point, you will be struggling to gain the support of a lot of people as you will be aware because most are totally ignorant of what goes on in our daily lives, also there are those who suffer from “wilful blindness”, and then there are the rest of us who the media, by journalists like you, have aided and abetted in polarising from the community and making life extremely difficult to bare.
This is done every single so called NEWS broadcast, and every time a so called journalist opens their mouth in public. You have created VLAD, you have created mandatory sentencing, (wouldn’t it be great if you got 10 years for your crime (that you are just as guilty of as any person who got arrested or detained over VLAD), in other words, they were not guilty either.
You journalists are responsible for just printing what the system wants us to know, period. But when one of you gets atttacked by the system, … hold on there … stop the world quick … I want to get off .
I do not hate at all, I am just making a point, a valid point. There is NO SUCH THING AS INVESTIGATIVE JOURNALISM at all.
Hopefully from this you and your friends, can now at last wake up as a collective, and finally do the job you are supposed to do, on behalf of the community.
As I said I wish you luck.
yes world today is no longer free.ppl are designed to be ignorant through fear or dismissive of others for no true reason other then ignorant.each to there own but yes things only get more challenging with each year passing.unsure were and when aus got things so wrong but it has
So… Richard Keegan. Name rang a bell, couldn’t quite remember why.
Oh yeah, he’s the one CC’d into all the letters & emails I received from Addisons Lawyers telling me I must sign a letter saying I was not sexually abused as a child, or I would be imprisoned for 3 years and sued.
I didn’t signit. ANYONE who acts to cover up sexual abuse – including lawyers who threaten victims – are cowards.
t
Well, what can one say as Shane serves 4 months?
The lesson is clear, get profesional advice.
Ned, our courts are being controlled by the elite, most of our politicians have hidden agendas and many of the parasites that run the NSW Government Departments simply protect each others corrupt conduct and get promoted between Departments for such conduct.
What they are doing to SD is disgusting. Serious criminals are getting no jail time, or less jail time then SD for crimes far worse. We the PEOPLE are loosing all of our rights to the above, and they are finanically rewarded for their criminal activities.
When you take on the elite and or the government, there is no such thing as JUSTICE…
No Ned.. ..the lesson is that the system is severly broken and corrupted. You dont need to be a professional fireman to know that fire burns. Shane knew that, he is just fighting it because gutless wonders like me and you are too fightened to stand up to truth. Though we can help him with support.
Suggesting that I am ‘gutless’ is presumptious,.
Have we ever met?
Don’t take it out of context Ned, it is not presumptious within the context of this issue against the fact that it is Shane Dowling standing up to this injustice, not you or I. So yes we are gutless compared to what Shane is standing up for.
If you think I am inferring that you are gutless(cowardly) in *all* matters, I suggest you reread what has been said, with your personal conscience separated from the issue of Shane Dowlings bravery to highlight the imbalance of power within the Australian courts.
No personal or general offense was meant and if so it was on my part 100% unintentional.
Spoken like a lawyer!! Helen T
This was a reply to lawyer Ned who contributes to this forum. It disappeared for a time. Helen T 28 Aug 17
Dear Ned
I suppose you mean we should consult a lawyer. As to Shane’s sentence it looks like collusion to pervert the course of justice. Otherwise why has the major matter of Shane naming a judge on his blog not been reported? Even the court documents are restricted. Helen T
The PAEDOPHILE PRIEST gets only 3 months for a sickening act of betrayal, an act that truly deserves death by firing squad, Shane gets 4 months for exposing it and a shitload of other judicial bastardry.
This pack of bastards have pre orchestrated this set up, knowingly setting a precedent to further strengthen their platform for the further growth of the type self serving social engineering they are engaged in.
God help us all, as we have no chance of helping ourselves against these grubs that are capable of parachuting out of snakes arses
Well said Allan.
I have several concerns about the outcome, especially considering that neither Mr Worner or the (2) ladies identified have categorically stated under oath and personally signed such declarations that these relationships did not eventuate.
Now, unless their is direct evidence, while I appreciate that SD may well be in contempt, the original orders as I understand would not be lawfull resulting in the judiciary committing fraud.
Based on what I have read, I still remain puzzled as to what SD has actually been jailed for. Now surely, if the contempt charges were illegal in the first instance, which from all the evidence available, SD is a victim of a hidious crime as may has legal options for compensation??
Further, if my understanding is correct, once he serves his time, the material can remain published on the KCoA??
Is this correct?
The enormity of the blatant judiciary, political, and corporate corruption here is both soul destroying and bloody scary.
Shane has been sledgehammered by a bunch of hyenas that will not tolerate having their knuckles ( not toes) trod on.
I only hope that between now and SD release i win the lotto, then he will have the best gorrilla money can buy to represent him in having a go at these dog’s
Money is not going to help SD.. It’s been over a week and SADLY less then $3000 has been raised. I have learnt that asking people for money may help, but in cases of “fighting corruption”, not many people are interested in supporting, for various reasons.
Asking people to “sign petitions” is also flawed, and I have signed several on CHANGE.org 👍
“Trial by JURY” is our right, but the system ignores this right !!!
The LEGAL system is designed to protect the CORRUPT, not to protect the INNOCENT..that why MEDIATION & SETTLEMENT is always stongly recommended by legal representatives.. Once you enter the courts and you are the “GOOD” party, then you have already lost.
I am now learning that fighting for “PRINCIPLE” is a complete and utter waste of money. To defeat the SYSTEM, you must avoid it like the PLAGUE..
At the end of the day, SD lawyer would have advised him to remove content and or to apologise. If SD did that, he would have condeded to live his dream, which is to EXPOSE these grubs, and his supporters would have lost faith in him.
We can still help, we just need a different approach and a robust plan that is lawful. The LAW can work in mysterious ways..
PEOPLE need to start thinking of other ways in which we can help SD.. I have several ideas, but no TIME. We need people with SPARE time 👍
And we need around (25) people…
Am slightly puzzled here by the negativity. Previously I offered to appear for Shane but he (as is his right) declined. Then there was a call for funding which was not necessary.
Where the suggestion came from that content should be removed and Shane apologise I do not know. The defence is a constitutional one and rests on the fundamental challenge to the corporate court. Am happy to discuss this in conference if Shane so wishes. JWB
Hi Dr Walsh,
My email was not meant to be negative, however I would like to make one point and that is, SD is the only one in Jail and as I understand will remain so for the next (4) months. I would love to hear what you have to say, however the fact is, while the system has let SD down, obviously he would have better understand the risk associated with his protest, far better than any supporters.
Secondly, he was willing to go to Jail as a result of not adhering to court orders. I do suspect that he has a plan, however not sure if he will be in a position to get out of Jail before Decemeber.
My knowledge of the court system is extremely limited and is the very reason I have be one on of SD’s followers, among others.
I am inclined to write some letters of “disgust and protest”, however not sure if SD has a plan to use this Jailing to his future benefit. Hopefully, he does have a “right to sue” once his has served his time. Hopefully this Jailing doesn’t impact him to financially.
Hi Joe I totally agree on all points. A lawyer would have tried to force to force him to comply. Judges control lawyer behaviour. Count me in any campaign to help Shane. My right hand is disabled just now following surgery.
Someone suggested a petition for all the Attorneys General. I can’t do it just now (hand surgery) but could you assemble all names, postal addresses, email and phone numbers. Also see friend requests.
I’m having deep thought as well Joe, your not alone
My support continues. Cannot do much to help just now as am convalescent following surgery on my right hand.
Saturday nights are not the SAME 😡
Hi Helen, I wish you a speedy recovery.
I am embroiled in a major estate dispute that extends to the NSW Department of Justice.. What a CLUSTERFUCK department that is. I will be extremly stretch over the next (2-4) weeks and need to better understand what SD was actually jailed for??
I need to read the last couple CaseLaw decisions to get my head around. Half the stuff they write is generally against SD favour, the other 25% is a Copy and Paste exercise and the remaining 25% might bear some facts and substance.
Getting the Attorney General details is easy as SD has it all on his website and in this posting. What to actually put in the letter that will result in a response is a separate challenge. I don’t think this will cause them to BLINK !!
There are many injustices occuring daily in the courts, yet nothing changes. Murders, Rapes, Fraud etc. The more I consider this, I don’t think petitions are going to achieve anything at this point in time, rather so direct questions that question the jailing. These however need to be precise.
If someone knows exactly what SD was jailed for, that can be summarised in a timeline, and captures all of the caselaw decisions relevant to his jailng, can someone email to me in MS EXCEL, to
6foot3joey@gmail.com. He is running so many matters, I cannot keep up
and have no capacity whatsover to do the research 😤
I am happy to share my thoughts once I understand the fundamentals. At the moment I only have a high level understanding and that is simply not good enough to help..
Sir Dr Walsh?
I came acorss the following video;
https://m.youtube.com/watch?v=MOB1pVI0QAs
Are you the same individual that helped Mr John Wilson?
I
Yes to both questions. Happy to help. John W.B.
Hi Joe Thank you for your good wishes. Seeing surgeon for follow-up on Wed.. For summary of Shane’s sentence see Sydney Morning Herald onlline summary probably 11 August.(Use keywords to search such as SMH ;Shame Dowling ; contempt ). I thought it was about the Channel 7 matter but perhaps not.
Sorry about your legal troubles. I won’t email you directly as my email is very insecure.
Regards
Helen T
Sir Dr Walsh,
Would it be remotely possible to meet you in person anytime in the near future? I have reviewed some of the material on your website, and found it to be fascinating, among other blogs that you have commented on.
If so, please send me an email using the address located above. I gather you may also be pressed for time, and if a phone call is an alternative option, then I would be more than happy to entertain that option.
So Shane is in gaol and his website continues without it’s moderator………Mmmmmmm.
he is in jail yes.but he will be back soon hopefully
Hi everyone, i have been away seeing family, am still on board to help in anyway i can Joe, and Dr John,
Dear Allan I am trying to work out a strategy. It is very difficult with posts being removed etc. Can you think of a way for us all to link up to support Shane? I am to have further (minor but incapacitating for a while) surgery on 22 Sept. Helen T
I think it may be wise to let Joe and Dr John to hopefully talk and see what, if any, grounds Shane may have to get back at these low bastards that have clearly set him up.
Lets hope we will eventually all contribute to exposing this judicial shafting
Hi guys,
I haven’t heard back from Dr Walsh. I think we are just going to have to
wait until SD returns and provides us all with an update.
Like I said, I have no idea exactly what he is in jail for?? He was running several cases and they all seem to overlap to some degree.
I gave my contact details on this site on 21st August
and confirmed that I am still willing to help.John W.B.
Joe. I don’t think that all comments to Shane’s site are being allowed to remain there. If so, more cause for concern. I am hoping to make a full study of Shane’s latest conviction before Monday 4th Sept. The feeling I have is that he was convicted on two matters but that the published reports on his actual jail sentence omitted the real reason he was jailed (naming a judge). I hope I’m mistaken about this. I’ll confirm next week. Helen T
Hi Helen,
I think the only person that can prevent or remove items from this blog is SD and I would not expect that he has access, unless he has provided someone else with such authority.
I have read SD’s book and many of these assertions he has made have been aired for years and those involved have not rejected these allegations whaysoever. As I said, I am unclear as to the reasons he has been jailed.
Please share your findings.
Thanks, Joe. I hope to compile a summary of what led to Shane’s tough sentence over the weekend. You may well be right about only SD removing posts etc but if so I’m at a loss to know why the most substantial one supporting him was never published.
Shane is almost certainly without any means of communicating with the outside world. I don’t even know which prison he is in. Helen T
Regarding online security. I have the best anti-virus programmes and the help of my email/internet provider. Still some of my posts disappear. At times my entire email account is lost ,together with my network. I’m told officially that I have been “kicked off the system” by an unknown entity. Usually everything returns to normal after a few days but sometimes I need to use “System Restore” to mak my printer usable again.
Good morning Helen
I am a bit of a car buff, i am restoring an old 1980 ex NSW Police XD Falcon which i have discovered may be our infamous Rodger Rogerson’s old personal car he used in the early 80’s, i simply wrote to him at Long Bay can and asked him a few Q’s to verify some point’s about the car as it had
a couple of unique features, he didn’t answer me back either.
Do as i did, ring Corrections and find out what Prison Shane is kept at and write to him and ask the Q’s you would like him to answer, hopefully they can’t censor why exactly he was jailed
Dear Allan What an exciting project you are working on just now. I appreciate the advice you give about contacting SD. I am still studying and analysing documents relating to his imprisonment. So far my first impressions seem to be confirmed. I found several online reports of his sentencing. All are very similar and deal only with the Ch 7 matter which makes the sentence of four months even more incongruous. The two women allegedly defamed could seek redress through litigation but they have not done this. I hope you are correct in your assumptions regarding suppression of the real reasons for SD being in jail. I’ll keep digging until the true situation is clear but it is time-consuming. I can’t afford to publish mis-information online, even accidentally. Regards. Helen T
Hello Helen if you need some help phoning people ect so as to discover why Shane has been Jailed and where he is I have some spare time and am more than happy to help. Tel 0401416305 email charada@mira.net
Diarmuid Hannigan.
Hi Diarmuid Thank you. I ‘d be very glad of your help. I’ feel that I am searching for details which cannot be found because of suppression orders. I left a phone message. regards. Helen T
Hi Helen,
I am absolutely snowballed with estate dispute work for at least the next (2) weeks. I am also involved in several GIPA applications with NSW Department of Justice. Correctional Services come under this Department.
Due to the people involved in SD’s jailing, I would have ZERO confidence that they would provide us with any information whatsoever, especially considering Mr Andrew
Cappie-Wood is Secretary. They are a very TIGHT bunch, and are heavily protected by their Superiors. Mr Cappie-Wood has a history of acting unprofessionally and immorally.
Based on my current understanding, Mark Speakman is the NSW Attorney General and Mr Cappie-Wood effectively reports to him and the NSW Premier. The more you research, you find out that nearly all of the HEADS-OF are either married to each other, sleeping with each other, related to each other or have juicy incriminating evidence on each other. Exposing these parasites is no easy feat.
That said, Mr Andrew Cappie-Wood continues to assert his power in the estate dispute that I am involved in. It is very hard to get traction when they block your emails and or refuse to respond or when they do respond, its to say, “we do not intend to respond…”.
SD has reached out to the respective Ministers and they simply do nothing. I think all communications should be sent to Malcomn Turnbull and Bill Shorten only. Further, any letter should be no more than 2 pages, preferably around 1.5 pages, which means they must acknowledge and read it. I am happy to be the author of the letter, but need to better understand the primary reasons behind SD’s jailing. You must also be mindful that the Government will go into CARETAKER period (6-8) weeks prior to any election and then none of them will respond.
Lastly, before any letter is sent, I would want SD’s approval. He may have orchestrated some strategy, and I certainly do not wish to derail this, which could happen if letters are
sent against SD’s knowledge and or wishes. I was thinking about visiting SD within the next month and was hoping that (1-2) others would also come along that have a strong
interest to assist, pending your availability and location of residency.
I would expect that SD is residing in a Sydney jail and I am also based in Sydney. If you can establish where SD is being held and if he can have visitors and visitor times, I think that would be a great way forward. I am sure that is coping well, however a visit from
some of his supporters, would also provide him will a good mental lift.
Anyway, my email is 6foot3joey@gmail.com. Once I am contacted by email, I am happy to discuss the above in more detail.
Dear Joe
Thank you. I agree with all you say and I had already decided not to try to contact Shane while he is in prison. I am sure he would already have posted on his blog if he was able to do. A great idea to visit him to boost his spirits if necessary and to see what he wants us to do. I’m sorry that I can’t be part of this visit because of distance and impending surgery on 22 Sept. I do not intend to write any more letters to politicians or senior legal figures. It is pointless.
I do have a long-term strategy which is to bring about a change in the legal system – from the present adversarial to the investigative/inquisitorial system which seeks only to establish the truth. It would use specially trained judges and few (if any) lawyers. I would like everyone interested in bringing this change about to read a book which is available as a free download. The author, retired journalist Evan Whitton (with whom I am in contact) endorses the use of it to bring about law reform. Australian law is based on English law but has not kept up with its reforms.
The book gives an excellent account of the history etc of our laws and of the conduct of courts etc. It explains how we came to be in this situation where lawyers and judges have total power etc. The book is very easy to read and understand and has an excellent index. Details are:
Whitton, Evan. Our Corrupt Legal System : Why Everyone is a VIctim (Except Rich Criminals). Published 2009
The link is
netk.net.au/Whitton/OCLS.pdf (If this does not work try keywords Whitton ; OCLS ; download). Note that OCLS is the abbreviated title of the book and that Evan himself endorses its use in online forums.
I would be grateful if all who read this post would download and print out the above book and publicize it wherever they can, especially to young people. Encourage those entering the legal profession to push for the new system. Evan’s book is the best source of information I can find and far better than any lawyer’s advice on the subject. We all need to be fully informed before taking further action. I placed OCLS download details on my Helen Tastard Face Book pages yesterday. It will help if everyone likes and shares these pages. Few of my posts survive.
I am about to resume analysing all the documents so I can tell just what has gone on. I am a relative newcomer to Kangaroo Court which overlaps with my main interest. Helen T
This is a request for Ned who contributes to this forum. I understand that he is an experienced lawyer, and this is a legal question. Ned: I have tried without success to find any report on the “other” reason why Shane D was jailed. The many reports on his sentencing so far found relate only to a lesser matter to do with Channel 7. According to Shane’s blog, on 3 August 2017 he was found guilty of contempt of court for naming a judge. He was sentenced on 10 August to a fixed term of four months jail. The basic issue relates to the “implied freedom of political communication” under the Australian Constitution. I have discovered that access to the actual hearing report/transcript is restricted.
I had often heard of the abuse of suppression orders which led me to consider whether Shane’s 10 August hearing was indeed an “ex parte” hearing. Ned, would you be kind enough to explain “ex parte” hearings to readers of this forum please? I need to know the thinking behind them as it is an unfamiliar concept to me. My research so far indicates that such a hearing can be granted even if a third party (not involved in a case) requests it. Also it can exclude genuine parties from the proceedings. .
Is there any way we can tell if Shane Dowling’s sentencing hearing on 10 August was “ex parte”?
If so :
i Will the transcript be permanently suppressed?
ii. How is the public interest being served by what seems to be an attempt to silence Shane Dowling?
Many thanks, Ned .Helen T.
Hi Helen,
I am not a lawyer (IANAL) but I suspect there may have been an injuction or even possibly a super-injunction placed on the hearing. That would be a pretty heavy gag order.
I do believe ex-parte means that decisions have been made by a judge without the presence of all parties participating. Whether all parties meant without Shane or perhaps even without Justice Hoeben present, that I cannot say, I suspect the latter.
Did Shane go to court alone? Meaning he did not even have anybody sitting in the public gallery watching? That is quite a dangerous thing to do because of a lack of independent accountability. I do believe the court sittings are open to the public.
Dear DB Thank you. I am most concerned about the secrecy surrounding the real issue which relates to Shane naming a judge who gave a very light sentence to a paedophile priest. Reporting only on the Channel 7 matter only is meant to damage Shane’s reputation. So far I have found no real variations on the story published in the Sydney Morning Herald on or about 12 August 17. I don’t know if Shane was alone in court but he seems to have been present for the Channel 7 part of it. I have to conclude that he did not have a fair trial. He has been punished for speaking up and trying to expose one aspect of our very corrupt legal system. He has been proved accurate in his claims regarding the use of suppression orders. From personal experience I know that transcripts can be doctored and only contain what the judge permits. Access to the report of Shane’s trial is restricted.
I first read about ex parte hearings on a forum relating to the Family Court. I did not understand the mechanism whereby the Family Court could demand property titles and keep the proceeds. However one case involved a bank (possible mortgage) and the bank intervened, leading to an explanatory newspaper report. Recently I have read of legal corruption in Silicon Valley in California which has almost bankrupted some communities. It extends beyond the Family Court where judges have been awarding huge costs to their favoured lawyers etc. These are then shared among all involved in the collusion. Recruiting problems in the big computer related companies led to a newspaper exposing the fraud and now a remedy is under way. We need such a newspaper or even a mainstream journalist to expose the Australian situation. Perhaps the fear of contempt of court charges deters them. There is no remedy if a court can secretly arrange for the loss of what matters most. For Shane this is probably the loss of his means of communication. There is no redress in Australia because appeals are easily blocked and the government supports the courts. There is no separation of powers as they claim. Helen T
Sentencing hearing was in open court. Dowling did not attend. Reported it on this blog. Actual sentencing was in open court and published reasons for sentence are https://www.caselaw.nsw.gov.au/decision/5989110be4b058596cba915c.
The other contempts for which Dowling was convicted were his scandalous statements about judicial officers on 3/2/17 and further publication of those statements in contravention of orders not to do so. Justice H Wilson published reasons for finding him guilty which are on this blog [2017] NSWSC 664 though they seem to have been subsequently “unpublished” and the text of the decision is described as “restricted” on the court’s internet published sets of reasons – http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2017/664.html. It does not appear that Dowling has been sentenced for these contempts.
ty m
m. Normally I would not reply to such a post but you must be a lawyer. Only a lawyer would make such a statement without considering the entire case. I shall skip any of your future posts as you are undermining true justice and wasting my time. HT
The most scandalous item in that sentencing is a judge who justifies his action based on a false dichotomy. Under the title “Aggravating and mitigating factors” passage 39 he mumbles about absence of evidence forcing him to come to no other conclusion. When logically such a conclusion is nothing more than argumentum ad ignorantiam (ignorance of argument) That judge needs to go back to law school.
I seem to recall that ex parte is generally used when there is a situation of victim safety required. For example when obtaining restraining orders for a violent/abusive partner. It makes sense that the abusive partner is not in the same court room together with the victim to rid of any potential intimidation. Or I could imagine it being used in cases involving a party with physical/mental disabilities or illnesses. There may be other legitimate safety/emergency reasons that I dont have off the top of my head.
To me I feel these are the only times ex parte should be used, anywhere else is probably unnecessary and potentially highly unethical in my honest opinion. I am sure most of the public would agree.
db. We still don’t know if Shane was sentenced for naming the judge in an “ex parte”, “in camera”, or other kind of secret hearing. Only Shane himself will be able to do that. This case is a long way beyond “unethical”. It is being conducted dishonestlly and corruptly to shield powerful people and to silence and discredit Shane. He is the only victim here. Helen T
Just finished reading MONEY MAFIA buy former Canadian cabinet minister Paul Hellyer, what a read !!!!!!! real food for thought, get your hands on it, and read it, well worth it.
Shane
Mate I hope for 2 things
You are coping as best as possible inside
You are taking the time to research & write some riveting articles.
Bini is s Great mate for all of us.
I fully agree with HelenAstard posts above. Can I have a reference so that I can find her website?
These suppression orders are distorting our legal system, and limiting our rights.
Incidentally, there is an article on the True Crime News Weekly site, commenting on the suppression orders in the Pell case – Pell and the Pall of Secrets. We all need to be informed of this.
ty
Hii LD Helen Tastard here. I don’t have a website but feel free to email me at helentastard@ozemail.com.au I also have a Face Book page in the name of Helen Tastard. Please send me a friend request which I’ll accept. However I have a lot of online interference. Thank you LD. HT