I received a harassing visit from the NSW police last Wednesday (15/5/19) and the complaint seems to have been made by staff at the NSW Supreme Court. Although the complaint could have come from the High Court of Australia given I had visited there a few days before to film a video and then I published an article titled “High Court of Australia’s Justice Keane and Justice Edelman caught protecting their bribe-taking and paedophile judicial mates.” (Click here to read the article)
The court staff would have told lies to the police and the court staff know it. They knew what they were doing when they made the complaint as they had done it before which led to a malicious police charge which was withdrawn by the CDPP.
I sent the below email complaining to the CDPP and NSW police senior management on Monday 20/5/19 at 3.30pm and asked for a response from both the CDPP and NSW police by 5pm today, Wednesday 22/5/19. At the bottom is the response I received from the CDPP but I have not had a response from the NSW police at the time of publishing this article. If I receive one I will update this post.
From: SHANE DOWLING
Sent: 20 May 2019 15:30
To: Sarah.McNaughton@cdpp.gov.au; full1mic@police.nsw.gov.au
Cc: andrew.colvin@afp.gov.au
Subject: Harassment by the CDPP and NSW Police- Contempt of the High Court of Australia by the CDPP and NSW Police – Formal complaint
Dear Ms Sarah McNaughton – Commonwealth Director of Public Prosecutions and Mick Fuller – NSW Police Commissioner
Just after 12pm on Wednesday the 15th of May 4 NSW police officers visited my residence and tried to harass, bully and intimidate me into stop reporting on my website and social media why I was in jail last year for contempt of court and also to stop complaining about Justice Clifton Hoeben. (See attached business card from Detective James Gatward)
From the conversation I had that day I take it that Detective James Gatward had been in contact with the CDPP before the police visited me and he was there representing the CDPP to some degree as well.
I was jailed last year for 4 months as I was found guilty of calling Justice Clifton Hoeben a paedophile and Registrar Christopher Bradford a suspected paedophile and known bribe-taker when I was in court on the 3rd of February 2017. I was also jailed for breaching suppression orders twice by writing articles reporting on why I had been charged with contempt of court.
Some of the things that were said to me by Detective James Gatward on the 15/5/19 were:
- I needed to stop writing emails to the court calling Justice Clifton Hoeben a paedophile and bribe-taker and if I don’t stop I could be charged with using a carriage service to menace, harass or cause offence (s 474.17 – Criminal Code Act 1995). Detective Gatward referred to an email I sent to the court in April 2019. That email in fact was in March and went to the Premier, Attorney-General, Chief Justice Bathurst and Justice Hoeben complaining that Justice Hoeben would not stand down from hearing numerous defamation matters involving me even though I did 4 months jail for calling Justice Hoeben a paedophile. (See attached email to Premier Gladys Berejiklian, Attorney-General Mark Speakman, Chief Justice Tom Bathurst and Justice Clifton Hoeben)
- Detective Gatward made it clear he had spoken to people at the NSW Supreme Court recently who had complained about me. I assume it was the same people (Chief Justice Tom Bathurst, Chris D’Aeth and Rebel Kenna) who were behind the malicious complaint that led to the police charge in 2017 that was withdrawn by the CDPP. From the conversation it also sounds like Detective Gatward might have spoken to Justice Hoeben.
- Detective Gatward said a complaint had been made by the court at a higher level and it had filtered down to them.
- I needed to stop calling people paedophiles and bribe-takers on my website and that I could be charged with criminal defamation. Is Detective Gatward also a defamation lawyer?
- I could be charged again for the email that I sent to the court in September 2016 even though I was previously charged by the NSW police and the CDPP withdrew the charge in March 2018. (See attached letter from the CDPP) I assume Detective Gatward had recently spoken to the CDPP about me possibly being charged again even though no crime had been committed.
- Detective Gatward said words to the effect that he didn’t want to have to come back and take my computer etc. It was a blatant attempt to intimidate me.
- I said the police charge in 2017 was a malicious charge as it was political communication protected by the 1997 High Court judgment Lange v ABC and Detective Gatward said it wasn’t. How would he know?
- Detective Gatward confirmed he knew I still had matters before the court that Justice Hoeben was dealing with. On that basis alone Detective Gatward should not have been telling me what I can and can’t say about Justice Hoeben as it could and would be construed as an attempt to interfere in the administration of justice by attempting to intimidate me as a party to the matters that are still in court and as a witness in the matters.
- Defective Gatward confirmed he knew I had been to Canberra to film a video and written an article about 2 High Court of Australia judges only a few days before. On that basis Detective Gatward had to of known that on Tuesday the 14th of May 2019, the day before his visit, I had filed an application in the High Court asking for the Seven v Dowling matter be removed to the High Court. That matter also deals with the allegations of Justice Hoeben being a paedophile and the police charge and evidence from 2017. Once again the police visit could be construed as an attempt to interfere in the administration of justice in the High Court of Australia as I published links to the application and supporting affidavit on Twitter the night before the police visit.
- I believe the complaint and police visit is likely linked to my visit to Canberra on the 10th of May 2019, the video I filmed outside the High Court and the article I published on the 11th of May titled “High Court of Australia’s Justice Keane and Justice Edelman caught protecting their bribe-taking and paedophile judicial mates”. (Click here to read the article)
What is very disturbing is that accusing government employees of crimes such as bribe-taking is expressly dealt with by the High Court of Australia in the 1997 judgment Lange v ABC and the 2004 judgment Coleman v Power where the High Court ruled it is protected under the Australian constitution as political communication even if it is untrue as long as the person saying it believes it is true. Justice Helen Wilson wrote in her judgment when she sentenced me to jail for contempt words to the effect that she has no doubt that I believe what I say.
Detective Gatward was factually wrong on many points. I said I had not written to the court accusing Justice Clifton Hoeben of being a paedophile since I was released from jail and Detective Gatward said I had.
I later rang Detective Gatward at 3.33pm the same day and spoke to him for 38 minutes. I phoned him to ask for another meeting to correct his false allegations and he could only refer to an email I sent to the court where I wrote about why I was in jail to back up his claims against me. He then said that I had written that Justice Hoeben had not denied the allegation that he is a paedophile and that was evidence of me harassing just Hoeben. So what? That is a fact and part of the story that I was writing about so it’s not harassment.
During the phone call Detective Gatward also said:
- I should see a doctor and get therapy even though he knew I had 4 mental health exams and all cleared me of any mental health issues. Why would Detective Gatward say that?
- I should stop the numerous court cases and litigation. I pointed out that I had not instituted the matters and he said words to the effect that if I close my website the matters would go away. Once again this could be construed as an attempt to interfere in the administration of justice.
- I said I was going to file a malicious charge claim against the NSW Police for the 2017 police charge and he said words to the effect that I shouldn’t. What right does he have to give that advice?
What makes the above worse is there was no legal basis for the police to even come and see me. It was a blatant attempt to interfere in the administration of justice. On the 3rd of May 2019 at a hearing Justice Hoeben had 5 Court Sheriffs in court to try and intimidate me and Justice Hoeben threatened me with jail over 10 times for what I said in court as I tried to represent myself. I wrote at article about it titled “Five Sheriff’s Officers used to intimidate journalist Shane Dowling by the Supreme Court’s Justice Clifton Hoeben” and wrote:
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. (Click here to read the full article)
What happened in court on the 3rd of May 2019 is almost identical to what happened when Detective Gatward and 3 other police officers visited me on the 15th of May. I was in court again on Friday the 17th of May for directions in the frivolous and vexatious Jane Doe v Dowling matter and once again Justice Hoeben refused to stand down from hearing the matter, warned me not to call any judges of the court or him a paedophile or call them corrupt. There were also 4 court sheriffs in the court to try and intimidate me again. My matter was the first to be heard in the defamation list and all 4 court sheriffs left the court as I did which proves they were only there to intimidate me.
Once again we have powerful evidence that the NSW Police and the CDPP are working with the courts to interfere with court cases and to intimidate litigants including up to the High Court of Australia.
As you both know I am a journalist and I will be publishing a story on this matter so could you please respond by 5pm on Wednesday the 22nd of May 2019. I would like a separate response from both of you. I will also be filing this email and any response with the High Court of Australia as evidence why all matters involving me need to be removed to the High Court of Australia as it is obvious I will be denied natural justice from the NSW Supreme Court.
Regards
Shane Dowling
Kangaroo Court of Australia
Below is the reply from the CDPP that I was emailed at 4.16pm today (22-5-19)
The issue of judicial corruption is legally protected because it is political communication and for the police to harass me at any time in an attempt to silence me is scandalous, but they did it a few days before a federal election which needs a public investigation.
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