Five Court Sheriffs were used to try to intimidate me on Friday (3/5/19) in the NSW Supreme Court by Justice Clifton Hoeben while he aided and abetted Kerry Stokes and Capilano Honey in their SLAPP lawsuits against me.
I was in court for directions for the 2 criminal contempt applications I had made in the Capilano Honey matter and also in the Kerry Stokes, Ryan Stokes and Justine Munsie matter. I was also in court for the hearing of Capilano Honey’s application to strike out my defence.
Justice Hoeben had obviously pre-planned his intimidation game as he was looking after the defamation list and there were other lawyers and barristers in court for other defamation matters and he didn’t want them to see what he was up to. My 2 matters were listed near the top, but he said he would hold both over until the end knowing all the other lawyers and barrister would be gone.
I noticed one Court Sheriff at the beginning but the full 5 didn’t show up until just before Justice Hoeben started to deal with my matters and they sat in the back of the court room for my full hearing. I asked Justice Hoeben about the 5 Court Sheriffs and how it was disgraceful and a waste of taxpayers money but he would’t answer. At the start of the hearing Justice Hoeben started lecturing me on the court’s code of conduct about when I could talk, when I had to sit down and not to interrupt anyone etc.
Then all of a sudden Justice Hoeben said that I was also not to call him a paedophile or any other judges of the court a paedophile and that I knew what would happen if I did. He was implying that I would be jailed, and the 5 court Sheriffs were obviously to reinforce the threat.
I thought that’s a first for any judge to say that but not surprising given I spent 4 months in jail last year for calling Hoeben a paedophile and registrar Christopher Bradford a suspected paedophile and known bribe taker in court in February 2017.
I said to Justice Hoeben what if I called him a “bribe-taker”. He said I couldn’t call him that either.
Justice Clifton Hoeben
Now I am sure everyone reading this article would think “what the hell is Justice Hoeben doing hearing any matter involving Shane Dowling and why didn’t Mr Dowling ask Justice Hoeben to stand down for perceived bias if not real bias”.
Well, I did ask Justice Hoeben to stand down from hearing any matter involving me when I was in court for directions on the 22nd March 2019, but he refused. I also asked Justice Hoeben to stand down again on Friday (3/5/19) and this time I referred to documented evidence in an affidavit as to why he should stand down and once again he refused. There is enough evidence in the affidavit to show that Chief Justice Tom Bathurst wanted me stitched up for jail as far back as September 2016 and given that any of my matters should be dealt with by interstate judges.
As part of the affidavit there is also an article that is still on my website that says Justice Hoeben is a known paedophile and he didn’t regard that as a reason why he should stop hearing the matter. (Click here to see the article)
At this point Hoeben has not published any written reason for his refusal to stand down on the 22nd of March 2019 so I wonder if he will publish reasons for his refusal to stand down on Friday (3/5/19) as he gave no reasons when we were in court.
The below video was filmed after court on the 22nd of March 2019.
(I also live streamed a video onto Twitter after court on Friday (3/5/19) which you can watch on Twitter by clicking here)
Not only did Justice Clifton Hoeben refuse to stand down from hearing the matter he summarily dismissed my 2 criminal contempt charges in the Capilano Honey matter and also in the Kerry Stokes, Ryan Stokes and Justine Munsie matter. This was scandalous as a barrister had shown up to deal with the directions for the 2 criminal contempt matters and Justice Hoeben’s action to dismiss them seemed to even surprise the barrister.
I can only assume that Kerry Stokes right hand man Bruce McWilliam has called in another one of those judicial favours he likes to brag about to journalists. (Click here to read more)
Blatant bias by the court
Justice Hoeben said I needed leave of the court (permission by the court) to file the Notice of Motion for criminal contempt and he was refusing for both matters. He said I would have to file a separate summons which has the effect of starting a new case and would be a lot more expensive for me and also waste more time.
Hoeben claimed it was because I also charged the lawyers with contempt and they were not parties to the proceedings but their barrister didn’t complain. Also, I said that the notice of motions for contempt could go ahead against the people who were parties in the matters and Hoeben still said no. Hoeben then said the proceedings had been going too long and the contempts were irrelevant to the matters.
Hoeben also said that the Stokes/ Munsie matter was finalised except for costs. I said that is not correct as it is set down for final orders to be argued at the end of the month and that could be confirmed by asking their barrister Sandy Dawson or lawyer Richard Keegan who were there. I said it also could be confirmed by me checking my email on my mobile and reading out the email from the judge’s chambers or for Hoeben to contact the judge’s chambers.
Hoeben refused all options to verify that the Munsie / Stokes matter had further argument to go and said he was correct and that only costs in the Munsie matter was left to be decided and he did not want to reopen it with my contempt motion.
This shows blatant bias by the court because Kerry Stokes and Seven have filed 3 Notice of Motions for contempt against me where I was found guilty twice and fined $2000 the first time (which I never had to pay) and jailed for 4 months the second time for breaching suppression orders. The third contempt proceedings by Seven is still afoot and they are trying to jail me again.
So why didn’t court make them file summonses? That is not perceived bias, that is real bias. And why didn’t Justice Hoeben say anything on the 22nd of March when the Capilano Honey contempt matter was first in court for directions?
Threatened with contempt at least 10 times during the course of the hearing
On Friday Justice Hoeben threatened me with jail over 10 times. I said their lawyer Richard Keegan had perjured himself and I received a warning. I said that their barrister Sandy Dawson had lied, and I received a warning, I said that Justice Hoeben was biased and I received a warning and on it went.
Hoeben became aggressive when he warned me. Hoeben never used the word jail. He would just say “you know what will happen”. He’s an absolute grub who’s unfit to be a judge.
Numerous SLAPP lawsuits
Kerry Stokes and his companies have 4 SLAPP lawsuits against me and have been playing delaying tactics with 3 which are the Capilano Honey matter, the Munsie / Stokes matter and the Jane Doe matter. I had to file a notice of motion to have the Capilano Honey matter listed again as Justice Hoeben and Capilano refused to. Justice Rothman threatened to close the Munsie/ Stokes matter a few weeks ago because the applicants had done nothing to finalize it.
And in the Jane Doe matter, which is a well-known on-air host at Channel 7, a well-known actress at Channel Seven and 2 former staff members which have been suing me since December 2016, I had to email them directly this week because Justice Hoeben and their lawyers ignored my emails. When I emailed them their lawyer Richard Keegan emailed me and said in effect they had been waiting for a final hearing date. Well that means they have been waiting since August 2018 which is a lie as you can get a date in a matter of days if not hours.
The Jane Doe matter still hasn’t gone anywhere or been set down for directions or final hearing as Justice Hoeben refused my request again in court on Friday. After arguing with Hoeben he said to send his associate another email which he’ll probably ignore again.
The only matter they are pushing is the Seven Network and Seven West Media v Shane Dowling matter where they are trying to jail me in relation to a website that I never owned and which Kerry Stokes / Seven now own.
Towards the very end of the hearing, and after another threat by Justice Hoeben of being jailed, I grabbed my stuff and said I’ve had enough of the threats and went to walk out and I said that I would apply to have the matter removed to the High Court which is what I will do soon.
Justice Hoeben’s and the courts conduct is clear and blatant vindictive revenge against me for the judicial corruption articles I have published on my website as well as the court continuing to help facilitate Kerry Stokes’ and Capilano Honey’s SLAPP lawsuits.
Having 5 Court Sheriffs for my hearing was not the first time they have had court sheriffs to try and intimidate me. I wonder how many $100,000’s of taxpayers’ money have been spent by the court trying to silence me, intimidate me and deny me natural justice? Every taxpayer should be horrified at the lengths that government employees and courts will go to hide corruption and persecute journalists and whistleblowers.
I spoke to the Court Sheriffs at the end of the hearing and they were fine. They didn’t say so, but they knew they had been used and sent to the court in numbers to try and intimidate me.
I will not say too much but there are some positives to come out of Fridays hearings with the obvious one being clear evidence of judicial corruption and I’ll write more about that in the near future.
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