Chief Justice Tom Bathurst

Justice John Sackar recorded corruptly acting as counsel for Kerry Stokes’ Capilano Honey

Justice John Sackar was caught corruptly acting as the barrister/counsel for the Kerry Stokes’ controlled Capilano Honey in a 5-minute recording as per below on the 7th of February 2020. The recording should end the careers of Justice Sackar and Capilano Honey’s barrister Monique Cowden. I certainly don’t miss Sackar in the recording and call him a grub, a common criminal and did use a bit of colourful language but he deserved it and I was within my legal rights. (See Coleman v Power – High Court of Australia 2004)

There is no more powerful evidence of corruption then what comes out of someone’s own mouth and that is why at about the 4:30 minute mark Capilano’s barrister Monique Cowden warned Justice Sackar that I might be recording the hearing and when I said I was Justice Sackar quickly finished the phone call. I was in Queensland on the phone and they were in court in Sydney at the NSW Supreme Court.

Justice Sackar and the court have been ducking and weaving trying to work out what to do since Friday (7/2/20) when they found out I was recording the hearing. If you listen to one video on this website this is the one you should listen to.

There are five key issues that you should focus on, although trained lawyers will notice many more abuses of the law, when listening to the below recording.

Issues: 1. Justice Sackar says at the beginning that he has already spoken to Capilano’s barrister Monique Cowden before I was phoned for the hearing and she had said there are 2 matters to be dealt with. One a hearing date and two an application by me to transfer the matter (to Queensland). That constitutes private communication between Capilano and Justice Sackar. What else did they talk about?

2. Capilano’s barrister makes no argument against having the matter transferred to Queensland. Justice Sackar argues for Capilano why it shouldn’t be transferred. That shows Justice Sackar acting as Capilano’s barrister/counsel which is blatant corruption. How did Justice Sackar know that Capilano didn’t want the matter transferred and who told him?

3. In the recording, I say a number of times that the last time I was in court before Justice Sackar, for the Jane Doe v Dowling matter, there were 5 court sheriffs in court to bully, harass and intimidate me to deny me natural justice. Justice Sackar refuses to deny it because it is true. He also refuses to say why the court sheriffs were in court which confirms it was to bully, harass and intimidate me to deny me natural justice. (It was actually 4 court sheriffs, not 5, that day as I reported last year in an article)

4. Justice Sackar refuses to say why he has never published his reasons for denying me interrogatories and discovery in the Jane Doe matter and why he failed to recuse himself at the hearing on the 14 June 2019 even though he knows Bruce McWilliam who is Kerry Stokes top lawyer at Seven and his wife Nicky. Justice Sackar has since emailed me the transcript for that day but still refuses to publish the reasons which is a breach of common law because he doesn’t want people to see his lies and abuse of the law.

5. The matter for the directions hearing in the recording is Capilano Honey Limited and Ben McKee v Shane Dowling 2016/299522. which was heard on Friday the 7th of February 2020. Both Capilano Honey and Ben McKee are based in Brisbane and since last year I am in Queensland and about 2 hours travel to Brisbane. There is no basis for the matter to be heard in NSW except that Kerry Stokes and Bruce McWilliam have the judges in their hip pockets.

That is why you will hear Justice Sackar says a couple of times that I am arguing the matter should be transferred to Queensland because there are a couple “witnesses” in Queensland which is crap. He knows that but he is deliberately trying to downplay the reason why it should be transferred and that is because all parties are bases in Queensland. Once again Justice Sackar is acting as Capilano’s barrister/counsel which is blatant corruption.

Justice Sackar grants Capilano leave to apply for hearing dates before he has decided if the matter will be transferred which is the cart before the horse because he knew that he would deny transferring the matter. Sackar also fails to order a jury to hear the matter.

(You might need to turn the volume up on the above recording as it is hard to hear the judge and the barrister because they were also using a mobile phone. The judge claims the court had technical issues with their phone system which they also claimed they had on another occasion.)

Just so there is no doubt, the phone call was recorded for my own legal protection and it is being published as political communication exposing government corruption which is protected as per the 1997 High Court judgement Lange v ABC which invalidates any laws that restrict political communication so there is nothing they can do.

This is a SLAPP lawsuit that has been going on since October 2016 and only now has a hearing date been set in Sydney when all parties are in Queensland. It is part of several SLAPP Lawsuits by Kerry Stokes and his associated companies.

Monique Cowden 2

After the hearing, Justice Sackar knew he was in trouble because his crimes had been recorded by me so he shifted responsibility to Chief Justice Tom Bathurst

In December 2019 the listing manager, Milio Cesta-Incani, for the Supreme Court emailed us because there was no future court date which led to the matter being set down for a directions on Friday the 7th of February. (Click here to read the email chain)

On the recording Justice Sackar grants Capilano Honey leave to apply to have the matter listed for final hearing but he had second thoughts afterwards and is clearly worried by my recording his corrupt conduct and sent an email late Friday afternoon (7/2/20) saying:

Dear parties

This morning application was made to approach the Registry to obtain a hearing date in the above matter.

His honour indicated at the time that that course was appropriate. However would you please confirm in writing by return that the matter is ready for hearing and that three days is thought best estimate.

As indicated this morning, his Honour is not in control of the listings and the matter will have to go to the Chief Judge in Common Law or the Chief Justice for allocation.

I responded on Monday the 10/2/20 at 9.09am:

Dear Ms Young

The matter is clearly not ready for hearing on many grounds and besides that it should have been transferred to the Queensland Supreme Court in Brisbane as both the applicants are based in Brisbane and I am based just outside of Brisbane and Justice Sackar is well aware of that. We all know this is a SLAPP lawsuit being aided and abetted by the court.

Can you please advise when Justice Sackar will publish his reasons for his decisions at Friday’s (7/2/20) hearing?

Can you also advise why Justice Sackar has failed to publish his reasons for the hearing in the associated Jane Doe & Ors v Shane Dowling matter which was heard on the 14th of June 2019 where Justice Sackar refused to recuse himself and dismissed my application for interrogatories and discovery?

Regards

Shane Dowling

Justice Sackar emailed me the transcript for the Jane Doe matter but has refused to publish his reasons and has failed to publish reasons for the hearing as per the above recording.

On Tuesday the 11/2/20 at 19.13 am Sydney time the listing manager tried a swifty and emailed me saying that Justice Sackar had ordered the matter be set down for hearing. I emailed him back putting him in his place. (Click here to read the email chain)

Then I hit the jackpot. The listing manager, Milio, emailed me on Friday the 14/2/20 saying: “Chief Justice Bathurst confirms that this matter be set down for hearing to commence on 25th May 2020 at 10.00am with a hearing estimate of 3 days.

That email tied Chief Justice Bathurst directly into the corruption. So I sent Chief Justice Bathurst, NSW Attorney-General Mark Speakman and others the below email:

From: SHANE DOWLING
Sent: 14 February 2020 10:32
To: chambers.chiefjustice@courts.nsw.gov.au; office@speakman.minister.nsw.gov.au; icac@icac.nsw.gov.au; judcom@judcom.nsw.gov.au
Cc: Alexander Latu <alexander.latu@addisons.com>; Martin O’Connor <Martin.OConnor@addisons.com>; Richard Keegan <richard.keegan@addisons.com>; SCO – Listings (Shared Mailbox) <sc.listings@justice.nsw.gov.au>; sandy.dawson@banco.net.au; Monique Cowden <mcowden@level22.com.au>
Subject: Criminal conduct by Chief Justice Tom Bathurst. RE: Supreme Court proceedings: 2016/00299522 Capilano Honey Limited v Shane Dowling – Notice of Listing of Hearing on 25 May 2020

Dear Chief Justice Tom Bathurst and Attorney-General Mark Speakman

Can you please explain the following:

  1. Why has the matter 2016/00299522 Capilano Honey Limited v Shane Dowling not been transferred to the Supreme Court of Queensland given both applicants, Capilano Honey and Ben McKee, and myself live in Queensland? (Both applicants are based in Brisbane and I am in Queensland within 2 hours travel of Brisbane)
  2. Are you directing that I represent myself by phone in the matter as I will not be travelling to NSW?
  3. Why has the court not set a jury?
  4. Given Chief Justice Bathurst instructed court staff (Chris D’aeth and Rebel Kenna) in September 2016 to make a frivolous complaint to the NSW police and CDPP after I sent an email to judges of the court outing Chief Justice Bathurst as a known paedophile as well as 17 others why is Chief Justice Bathurst having anything to do with my matter?
  5. Can you advise why Chief Justice Tom Bathurst refused to make a statement to the police or deny the allegation that he is a paedophile?
  6. Have you listened to the recording from last Friday’s (7/2/20) direction hearing in the matter where Justice Sackar made if very obvious he was acting on instructions to aid and abet Capilano Honey and Ben McKee?

Please respond by 5pm today.

Regards

Shane Dowling

I also emailed barrister Monique Cowden and asked her why she warned Justice Sackar that I might be taping the phone call. The answer is obvious. I had already recorded and published calls of court in November 2019 so that was no surprise to the lawyers. But they obviously didn’t realize how blatantly and openly corrupt Justice Sackar would act in their favour and then they became worried.

Neither Chief Justice Tom Bathurst or Monique Cowden have responded to the questions in my emails at this point and I doubt they will.

I will follow-up with formal complaints to the relevant authorities which will include the NSW Attorney-General Mark Speakman and NSW Premier Gladys Berejiklian. Yes, they might do nothing although the recording is powerful evidence which will make it very difficult to ignore. But if they do nothing then we can go to town on social media for them covering up judicial corruption which they won’t like.

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10 replies »

  1. Lovely work, the guy is a complete tool and one wonders how many injustices this creep is responsible for apart from you.

  2. Thank you for your honest reporting, keep it up. There is enough corruption in this country from politicians through to those who should be defending our country from corruptive influences. I love what you do, keep it up.

  3. The lawyers, judges, politicians, crooks, Stokes et al, believe that they can break the law, and yet, if honest citizens of Australia legally challenge the illegal acts of the aforementioned, the citizens are deemed to be acting illegally, and charged with trumped up fictional acts which do not appear in any legal document indicating that the act was itself, illegal.
    Too many apathetic people believe that there is no corruption in Australia’s legal and political system, they are too blind to see, too deaf to hear and vote to continue being slaves with invisible shackles.

  4. Agree Justice Sackar’s contempt for you as defendant was extraordinary for someone supposedly impartial. Also agree that your questions were reasonable, and your anger justified. If we can’t have fair and impartial courts then people will lose faith in the system. Very disappointing to realise how corrupted our judicial system has become.

  5. The main problem is our “judges” come from the ranks of solicitors, all too “matey” and incestuous, they are placed in their positions by politicians, and we are supposed to believe they are “independent”, believe that if you must. The other matter that limits the truth is the “adversarial” court system, and little will improve while we labour under that system. We should change to an “inquisitorial” court system with judges coming from “judges school” completely divorced from the legal industry, solicitors will cry because it will reduce their “billable hours” but it will mean we will have a better chance of getting to the truth, the whole truth and nothing but the truth!

    • Spot on there Mike, I figured that out years ago. Our legal system is a “game” in which real justice is not always the winner. Its who has the most money all too often across differing jurisdictions. The system you describe is more or less the Napoleonic Code that runs France and most of its former colonies. Its not perfect either, but superior to British “Justice” by a long way….the wrong guy lost at Waterloo, some may argue.

  6. I thought the British TV programme JUDGE JOHN DEED was a bit far fetched with the corrupt judiciary
    until I started following this website. Our corrupt system makes that TV programme look like a kids fairy tale in comparison.

  7. How quickly we have returned to the corruption-ridden times of the pre ICAC days. Will any government have the balls to return the essential watchdog?

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