John Barilaro

Corrupt NSW Police are still trying to stitch up FriendlyJordies for contempt which would breach the 2004 High Court precedent Coleman v Power

The NSW police asked a magistrate in the NSW Local Court (8/9/21) to charge Jordan Shanks, who publishes the FriendlyJordies YouTube Channel, with contempt as part of the NSW Police’s criminal charges against Kristo Langker for stalking NSW Deputy Premier John Barilaro. The contempt application relates to FriendlyJordies publishing the below video calling various NSW Police corrupt and publishing an affidavit by John Barilaro in the video which proves Barilaro has lied in public statements about the matter.

The big problem for any contempt charge against Jordan Shanks is the 2004 High Court of Australia precedent Coleman v Power were the High Court found that calling police “corrupt” and “slimy lying bastards” is legal political communication. And as far as publishing Barilaro’s affidavit is concerned it clearly says on the front page “John Barilaro v Jordan Shanks” and there is no matter before the courts with that title so to try and charge Shanks for publishing the affidavit would be scandalous. 

The SMH reported on the 8/9/21:

NSW Police have asked a Sydney court to find YouTuber Jordan Shanks in contempt of court over a video he posted in August that airs a statement from NSW Deputy Premier John Barilaro, which forms part of their case against a Friendlyjordies producer.

“And before you even think it’s contempt of court for me to read it, don’t worry, from my understanding it’s not relevant to any matter before the courts at the moment,” Mr Shanks assures his viewers in the video.

NSW Police have taken a different view, as the statement forms part of their brief of evidence against Mr Langker.

A police summary of the video also notes it referred to the involvement of named police officers in the arrest of Mr Langker, which was filmed; and Mr Shanks described those officers as “corrupt” and the police operation as politically motivated.

However, she agreed with Mr Langker’s barrister Emmanuel Kerkyasharian that the matter did not warrant an urgent suppression order on material associated with the proceedings against Mr Langker or the removal of the video, as sought by the prosecutor, since it was published two weeks ago and “you can’t unscramble the egg”. (Click here to read more)

Kristo Langker was charged by the Fixated Persons Investigation Unit, and I published an article on the 29/8/21 titled “NSW Police anti-terrorism unit used by politicians, judges and others to intimidate and falsely charge journalists who expose them’ and said:

NSW Deputy Premier John Barilaro’s own police statement, which has been leaked to the media, has exposed Barilaro for lying to the media about secretly using a NSW Police anti-terrorism unit to harass and intimidate journalists Jordan Shanks and Kristo Langker who publish the YouTube channel Friendlyjordies. The evidence of NSW Deputy Premier John Barilaro’s lies and part of his police statement are in the videos below. (Click here to read more)

FriendlyJordies published the below video “Who set the Terror Police on friendlyjordies?” on the 27th of August and the video is the reason why the NSW Police want to charge Jordan Shanks with contempt and they also wanted a suppression order put on the video. The magistrate refused both applications, but Mr Shanks could still face contempt charges as I understand the police were told to file an application in the NSW Supreme Court if they want to pursue Jordan Shanks for contempt.

You can legally call Police corrupt – Coleman v Power [2004] HCA 39 (Click here for the High Court judgement) and (Click here for the judgment in the District Court of Queensland)

On the 26th of March 2000 Patrick Coleman, a law student at the time, stood in Townsville Mall with a placard ‘get to know your local corrupt-type coppers’ and called police ‘slimy lying bastards’. Constable Brendan Power approached Coleman and asked for a pamphlet. In response, Coleman announced to passers-by: ‘This is Constable Brendan Power, a corrupt police officer’. Constable Power told Coleman that he was under arrest for using insulting language. Coleman was also charged with assaulting and obstructing a police officer.

From Wikipedia:

Coleman argued he was not guilty of using insulting words because they were political communication and thus protected under the implied freedom of political communication. A magistrate found him guilty, but he then appealed. All subsequent appeals failed to some extent. He then appealed to the High Court.

The High Court held that his conviction under s7(1)(d) of the Vagrancy Act (using insulting language) should be set aside but that the conviction for assaulting/obstructing a police officer should stand.

Gummow, Hayne JJ and Kirby J held the impugned section of the VA to be valid, concluded that it would infringe the second limb of the Lange v Australian Broadcasting Corporation test, to the extent that it applied to political communication and read it down so that it did not. What Coleman said was not insulting as intended to be outlawed by the Act, they reasoned. They accepted that communications alleging corruption of police were protected by the implied right to freedom of political communication. They also accepted that political communication could include insults. Further, Kirby J noted that insulting words were a well-known tradition in Australian politics from “its earliest history”. (Click here to read more)

Jordan Shanks calling the NSW police corrupt in the above video is exactly the same as Patrick Coleman calling the QLD police corrupt in Coleman v Power and both are protected by the implied right to freedom of political communication in the Australian constitution.

The NSW police might argue that the 2 matters are different because in the Coleman matter there was no court case afoot when he called the police corrupt but when Shanks called police corrupt there was already a court case already afoot against Kristo Langker so that could be considered contempt of court.

In the precedent Herald & Weekly Times Ltd & Bolt v Popovic [2003] VSCA 161 they discussed making criminal and corruption allegations against judicial officers and it says at paragraph 10:

WINNEKE, A.C.J.:

That does not mean that there can never be a discussion about a judicial officer which will, or might, be relevant to the system of representative and responsible government. It is not difficult to conceive of circumstances where discussion of the character and/or conduct (whether in or out of court) of a judicial officer is capable of amounting to a discussion on government or political matters in the relevant sense. (Click here to read more)

The key part is “whether in or out of court” which would mean if what was said about a judicial officer is “in court” then a court case would have to be in progress which would support Jordan Shanks’ situation of calling police corrupt when there was already a court case afoot. The reality is that the only reason there is a court case afoot is because of police corruption so it’s a bit rich for the police to charge anyone with contempt of court.

Summary

The attempted contempt charge and application for suppression orders is part of the ongoing harassment of Jordan Shanks and his employee Kristo Langker. I published an article in June 2021 titled “Corrupt NSW Deputy Premier John Barilaro turns NSW Police into a Nazi goon squad to assault, harass and jail journalists” and said:

“Corrupt NSW Deputy Premier John Barilaro has lied to NSW Police to have a journalist Kristo Langker charged for stalking as the video evidence below proves which could end up being his undoing. The reason Barilaro wants Mr Langker jailed is that he and his boss, Jordan Shanks, have been posting videos on the Friendlyjordies YouTube page exposing criminal conduct by John Barilaro.

Kristo Langker has been charged with 2 counts of stalking. The first count of stalking relates to Kristo Langker trying to ask John Barilaro questions at a function, which is on video as per below, with many people around and Mr Barilaro is clearly not concerned for his safety. The second count of stalking relates to Kristo Langker trying to hand Mr Barilaro a legal document, which is also on video as per below, and looks like rock-solid evidence that Mr Barilaro polished up his police statement to make sure Kristo Langker was falsely charged by the police.

This reminds me of CRIMES ACT 1914 – SECT 41 Conspiracy to bring false accusation (1) A person commits an offence if: (a) the person conspires with another person: (i) to charge any person falsely with an offence; or (ii) to cause any person to be falsely charged with an offence; Penalty: Imprisonment for 10 years. (Click here to read more)

The video evidence freely available online and reported by most media points to the NSW police having no case against Kristo Langker for stalking NSW Deputy Premier John Barilaro and the police are abusing the law to try and silence Jordan Shanks from reporting the police’s abuse of the law.

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10 replies »

  1. Interesting that as current time, there may be hearings to soon commence within ICAC involving the Premier’s attendance. Goes the saying
    “There is something rotten in NSW politics” Certainly hope the Hon Premier doesn’t suffer numerous memory losses as her last ICAC attendance. (numbered about 140 can’t recall moments)

  2. Police and politicians are the protected elite,,, nothing has changed since forever as these lying cowards use the long arm of the law,,, the police to protect their everlasting scams and cons,,,like 95% of them are the best that money can buy,,,and well protected

  3. My father was as law abiding as anyone I knew. He did however give me some advice as a youth on two occasions, that at the time I thought over the top. One was : “A policeman would put his own Grandmother in gaol if it suited him”. The other was : “Treat a policeman like a dog, you never know when he may bite you”. Sixty plus years on I can see his advice was quite correct.

  4. Decades ago the NSW Police Special Branch was disbanded after more decades before, of trying to disband it on the basis that it targetted politically active people who the current Government didn’t like, Usually because those groups/people were calling out corrupt Government practices.

    Some decades later, I suspect it is hoped that the era of the Special Branches inglorious tenure would be long forgotten, the Fixated Persons Investigation Unit is formed and appears to publicly target those who point out Government “frailties” and shady shortcomings.

    Along with the NSW Police Commissioner personally taking charge of the Police Covid operations and telling his subordinates, if they made a mistake in dishing out a Fine, there would be no repercussions and that Community Policing would be set aside for this task. During a Pandemic that is when skilled Community Policing is most wanted.

    Oh, and Berejiklian still has Parliament suspended.

    By the looks of it we are approaching the political stage that the Italians were just on 100 years ago and the Germans some 90 years ago. That of an increasing Police authoritarian presence and much degraded Parliamentary oversight and accountability.

    One cannot use the Russian or Chinese system as a comparison because they have never had functioning democracies nor accountable Parliaments.

  5. Do they still grab you from a rally – anti Vietnam – and take you to a far away police station – Campbelltown in my instance and strip you, beat the crap put of you, chuck back in the paddy wagon and drop you off in the middle of Sydney?
    Things haven’t changed!

  6. Like a majority of politicians, Balilaro is a serial liar & as bent as a dog’s hind leg. A pompous know it all.
    With Bereejiklian dodging questions relating to her fronting ICAC again, it seems the old saying that a fish rots from head to tail also applies to the corrupt, self-serving Berejiklian led NSW LNP government. It’s a wonder that the little fascist & Al Capone, Super Mario look-a-like Barilo & the crooked cops (like those exposed by the Wood’s Royal Commission) he has in his pocket haven’t demanded a secret trial for FJ & Kristo Langker yet.

  7. Friendlyjordies just confirms in his videos what many people suspect but do nothing about. He’s a breath of fresh air. He only stands out because what he does is what the main stream media should be doing, but they are AWOL on any of this and are happy to go along with the corruption. They are part of it anyway. They have happily traded away any honesty and have joined the rot. It’s increasingly junk news and pure propaganda always in favour of the Liberals and the USA.

    Australia media apart from independent media like KCA, is the worst in the world, it’s such an easy stitch up here because its so easy to live in a parochial bubble and who got a nice payment for services rendered from Jobkeeper and federal advertising yet produced record profits?

  8. I am reading the RSF report on the situation over in Russia, about Internet censorship and authorities cracking down on citizens who call out corrupt politicians. It is scary that we are heading down the same path.

  9. Just viewed ABC Four Corners website to see if they were interested in Shane`s adventures. On their contact page, they lead you through involved procedures to avoid spying by government, police and ‘other agencies’. Here`s a sample of their warnings:- ‘You can contact us using the online form below.

    If you need to protect your identity, please follow the guidance below.

    Sending a letter or package can be used to get physical content to the ABC but it is not 100 per cent secure. If appropriate measures are taken, mail can be a good way to provide information anonymously.

    Do not send from a post office, instead use an external post box.

    Att: Four Corners
    Australian Broadcasting Corporation
    PO BOX 9994
    ULTIMO NSW 2007
    AUSTRALIA

    Unless you’re using an encrypted service, the Australian government, police and other agencies can identify you via the metadata attached to your electronic communications.

    No system is 100 per cent secure, but these methods can be used to protect your communication with Four Corners journalists.

    You can contact Four Corners by using Signal and SecureDrop. We no longer use WhatsApp as a contact method.

    Signal is an encrypted app for your mobile phone which is free to download and easy to use. This is a good way of sending tips anonymously.

    Our account is for messages only and does not accept calls.

    SecureDrop is more complicated than sending an email or using an app. It is tool for sources to anonymously submit documents and communicate sensitive information with journalists.
    Signal
    Social media icon Signal

    Signal uses end-to-end encryption so unless someone has physical or remote access to your phone, not even Signal or your internet provider can see your messages. No metadata surrounding communications is retained. The app also allows messages to self-destruct, removing them from the recipient’s and sender’s phones.

    Add us: +61 (0) 477 383 378
    SecureDrop
    SecureDrop logo.

    SecureDrop is the most secure way to contact the ABC. Use this tool for electronic documents and text conversation. SecureDrop is an open-source submission system that media organisations can use to securely accept documents from and communicate with anonymous sources. SecureDrop submissions are entirely encrypted and do not include any identifying metadata.

    Click here for detailed instruction on how to use SecureDrop

    If you have a comment and don’t need to protect anonymity you can contact us via the box below. Please leave your name, email and phone number.’
    Makes you wonder who`s watching who.

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