Chief Justice Tom Bathurst

Chief Justice Bathurst again uses Supreme Court for personal grievance and vendetta against journalist Shane Dowling #auspol

The NSW Supreme Court, with CJ Bathurst’s finger prints all over it, denied me a fee waiver when I tried to file a Notice of Motion on Friday (12-1-18) on the basis that the Registrar said it was scandalous and had little chance of success which is a blatant denial of natural justice.

The order that I was seeking which they claimed was scandalous was:

“The court order an interstate judge be appointed to hear the matter or the matter be transferred to the Federal Court of Australia given Chief Justice Tom Bathurst wants me jailed for calling him a paedophile and/or calling 17 other NSW Judges / Magistrates / Registrars paedophiles or alleged paedophiles in an email I sent to them and published on my website in September 2016. This is confirmed in a police statement by Principle Registrar Chris D’Aeth of the Supreme Court of NSW.”

The Background

This can’t be disputed given the police statement of Chris D’Aeth who said at paragraphs 5 to 10 of his statement that he was forwarded an email from me on the 6th September 2016 that was titled: “Paedophile Judge list to be sent to the AFP, Australian Crime Commission, NSW Crime Commission and Royal Commission into Child Sexual Abuse for investigation.” The email listed 18 judicial officers as known or suspected paedophiles which included Chief Justice Tom Bathurst.

At paragraph 10 of Chris D’Aeth’s police statement he says “On the morning of the 21st September 2016, I discussed the advice given by Jillian with Chief Justice, The Honourable Tom Bathurst AC. After the discussion I sent Jillian another email requesting that the matter be sent to the commonwealth DPP for consideration”. (Jillian is Jillian Caldwell who works for the Crown Solicitor and gave them legal advice) (Click here to see the full police statement)

When the Chief Justice has a meeting with staff at a court and a decision is made it is the Chief Justice who makes those decisions so Chief Justice Bathurst is the one who referred the email to the Commonwealth Director of Public Prosecutions. It is an obvious conclusion to draw that the reason CJ Bathurst referred the email to the CDPP is because that CJ Bathurst wanted me charged and jailed for calling him and/or the others paedophiles and suspected paedophiles.

There is no disputing there are paedophiles and a paedophile protection racket in the NSW Judiciary and in November 2017 Sydney Magistrate Graeme Curran was charged with historic child sex offences. (Click here to read more)

Chief Justice Tom Bathurst’s complaint to the CDPP and later to the Federal Police in 2016 failed and they took no action. In February 2017, after an associated contempt charge by the court had been initiated against me, another complaint was made to the NSW Police and again they took no action. It wasn’t until I raised the email as part of my defence in May 2017 to the associated contempt charge by the court that a 3rd complaint was made to the NSW Police and they charged me with using a carriage service to harass and intimidate. The prosecution of the matter was taken out of the hands of the NSW Police and given to the CDPP who are now back peddling in a major way and have given every indication they will withdraw the charge. But more on that in the near future and back to the denial of natural justice attempt by the NSW Supreme Court.

Denial of Natural Justice – Duty to act fairly

The Registrar who knocked back my fee waiver application would have been Rebel Kenna or someone who reported to Rebel Kenna who is the one who made the 2nd police complaint above and the 3rd police complaint was made on her behalf.

Taking the facts on board my Notice of Motion is not scandalous and has a very good chance of success because there is blatant perceived bias if not real bias making sure I will not get a fair hearing in the NSW Supreme Court. And the fact that my fee waiver application was refused shows real bias.

While the court might not like it there is nothing scandalous about it because it is factual and I tendered the evidence to show it and the evidence is already before the court in a brief of evidence filed by the NSW Police in the Local court in their frivolous claim against me.

Everyone is entitled to their day in court and for the courts to try to stop proceedings at the registry office in scandalous. The courts are coming up with new ways in their attempts to cover-up corruption.

Interestingly you can buy a copy of a presentation that Chief Justice Tom Bathurst gave in 2014 on “Accessing Justice and Dispensing It Justly”. I suspect it was a very short presentation given Mr Bathurst gave it. (Click here to read more)

The fee waiver rejection

I had to resign my job when I spent the 4 months in jail last year, I am currently unemployed, showed the court my Health Care Card and filled out the application. That should have been good enough to be granted the fee waiver. They said that no evidence was shown to support payment relief. That’s a lie and if that was the case then why worry about whether the motion was likely to succeed or not. They also say I had sufficient funds to pay. Yep, the rent money and food money.

I paid for the Notice of Motion on credit card as I had no choice and filed and served it. In the letter below instead of saying what I was told and that was “it is scandalous and unlikely to succeed” they changed it to just “unlikely to succeed” which shows they are already trying to conceal the real reason for not allowing the fee waiver.

They say in the letter above I can apply for a review of the fee waiver decision but in the email they sent it says they “noticed I had paid the fee” so they seem to be implying that I can’t now apply for the review.

The actual proceeding that this post relates to is another one of Kerry Stokes’ and Seven’s claims against me for a website that they now own and which is blocked from anyone seeing. Seven are also trying to get hold of a copy of the Police evidence regarding the paedophile judge allegations and a copy of my computer which they subpoenaed from the police and illegally copied. Why? It is set down for hearing on the 30th of January in the NSW Supreme Court. (Click here to read the Notice of Motion) and (Click here to read the affidavit)

The courts now make decisions on the likelihood of success of your application even before you file it and the court has heard the evidence.

Below is the receipt.

The real motive for denying me the fee waiver was to make sure the Notice of Motion never went to hearing. But they failed.

The court staff at counter at the registry were fine. While they did not say so I could tell they knew I had been shafted by the Registrar. If you have time you might want to show up and watch the above Notice of Motion hearing on the 30th of January in the NSW Supreme Court. Looks like Kerry Stokes and Seven are trying to have me jailed again.

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20 replies »

  1. Hi SD,

    Booking in leave tmwr to be there. I recently have experienced difficulty with the Registrar at NCAT.

    I have made a formal complaint regarding the conduct of certain staff.

    The matter is against the NSW Department of Justice and the (OLSC).

    The more people that can attend the better. I will see if I can rally some troops as well. The Administration of Justice is failing under Mr Mark Speakman. I am waiting for a letter from ICAC and then I will be reporting Mr Speakman for corrupt conduct for failng to acknowledge and deal with my complaints.

    I suggest to write to Mr Speakman regarding you experience, which is similiar to mine. I will theb draw reference to this in my letter.

    Enough is enough. People are too bloody scared to fight for their rights.

    Corrupt Solicitors like Addison’s next to be stopped!!!

  2. Have you ever thought of talking on ACA about these matters? and bringing them to the atttention of the public at large.

  3. Your a brave man, and an inspiration. Good luck in your fight against corruption.
    Many foreign criminals are resurrecting themselves in Australia, with the help of politicians. Another corrupt lot!

    Gupta bros. we’re kicked out of South Africa, and have now landed in Australia.
    Adani is another high profile criminal operation.
    That list hasn’t begun with Chinese corruption, with its criminal influence over politicians.

    Corruption in this country is endemic.

    You are not only taking in the judiciary, but all the top-Enders, politicians included.
    You will be minced up, but you are a legend, a pro-fighter, you have an audience who can achieve something of value for you by watching over you.

  4. Lawyers are leaches on society and judges are or were lawyers!!!!! Pollies are no better, most are lawyers and have never done an industrial days work in their life. What hope has the country got???

  5. Chief Justice Bathurst`s surname is intriguing considering the resistance that is being thrown up. I gather the history of abuse of peoples rights goes back a long way in Australia and Bathurst and the Bathurst family also go back a long way in Australian history. Perhaps Chief Justice Bathurst is part of the Australian dynasty?

  6. Sorry I can’t support you financially Shane – you are so courageous you deserve all the help we can give – but I have put the latest “scandal” against you on Facebook!

  7. I posted on facebook to public. I cannot do more only the power of the pen. Its tragic and wrong they have so much power. We are only tax cows. Keep up your fight . Keep up your good work…

  8. Have taken day off to attend your Hearing. I would encourage anyone else that can attend to support SD. We can make a day of it 👍

    The more observers, the more pressure will be placed on the decision maker. It is evident that they are after blood and unless we rally in numbers, they will have the upperhand.

    I look forward to meeting anyone else that can afford to attend.

  9. It is damned hard to understand why many people in many countries admire the people of Australia by believing that Australia is a land of equality, justice and tolerance among every citizen, irrespective of their position or stature in life..
    The biggest drawbck in trying to tell those people through any or every social media programme that the opposite is in fact, the truth, is because the corruption is embedded therein when certain names,words, comments or quotes are removed soon after they are posted.
    At present, when I post the truth relating to un-lawful or unacceptable behaviour by individuals, especially in a position of authority, I separate many ‘standout words with several apostrophes such as po’lit’ic’ian, because watchdog smart computers used by law and governments are on watch 24/7.

  10. The courts now make decisions on the likelihood of success of your application even before you file it and the court has heard the evidence. Lawyers are in the same boat due to ‘ethics rules which state that they can only commence or defend legal proceedings in civil matters if there are ‘reasonable prospects of success’. If the system ‘judges’ make a decision that there were no reasonable prospects (which is never defined and left to whim of the judge) then the lawyer can be fined, be made to pay the costs and hauled before the licensing body for unprofessional conduct etc. This is why everyone now has to be self represented – the lawyers are too afraid to act.

    • Jota668,

      Can you point to the specific piece of leglisation or is this just something you read? Oh, is that applicable in NSW.

      The reason I ask is that our family is embroiled in an Estate dispute. I consider that if they made a claim on the Estate, they would be DOOMED to fail, however the Solicitors can make plenty and plenth of money out of you before it ever goes to court 🤬🤬

      Very interested if its defined in the Solicitors’ Rules or Uniform Law??

  11. Jota I have observed this in the Australian Family Court. It makes a mockery of the justice system. Another phrase used was “doomed to fail”. And, yes, the honourable lawyer was so scared that near the end he./she  tried (without success) to sack himrself/herself. Apparently to appease the judge. Both applicant and lawyer were threatened with contempt of court just for making the application which was for multiple and well documented breaches of contact orders. Admittedly the Registry did its best to make sure that the application was not filed, but applicant and lawyer persisted. Indemnity/punitive costs were awarded against the applicant and pressure was applied to the lawyer to make the applicant sign an agreement to accept a compromise re costs. Applicant refused as in 2008 he/she had signed  a s-called Consent Agreement without being told it meant that an appeal was impossible HT  

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