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 HAIG    REPORT:   See the Garth Donnelly, Brisbane City Council documentary evidence of the criminal background to the socially unacceptable heinous Crime of Armed Robbery perpetrated against an isolated vulnerable disabled old man  which is just a variation on  International CORRUPT ELITE phenomenon  View Menu: 

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 Click here  to read  HAIG   Report  on the 2012 Queensland State Election.
The LNP in disarray.  When will they dump Campbell Newman
  

 Click here  For  LATEST, on 25th November, 2011,   hearing in the Queensland Court of Appeal of Russell Mathews' Application for Leave to Appeal, plus;     Click here  to see his Outline of Argument to the court; & :   Click here  to see the Transcript of his Oral Submission on 25th November, 2011, &   Click here  to see the very latest developments in this saga. [This link here will be continually UpDated to be the very latest.]

See: the Page ShowingPrevention of Tooth Decay from Dry Mouth during sleep with Simple Elastic Apparatus: & Sleep Disorder of Obstructive Sleep Apnoea [OSA]

See: the Page Showing: Mathematics <=> Logic: Algorithm => Website: Code & Program: Maths Club: Maths Tutor: ALL Open Source & Totally FREE!!

Latest Update: Many New Corruption Scandals at
         THE UNIVERSITY         
         OQUEENSLAND         

The Cradle of Official, Judicial & Government Corruption in Qld:

Skeletons in the cupboard for Maurie McNarn, new UQ Director of Operations & ex-director of the Australian Defence Intelligence Organisation [ADIO] re Prisoner Rendition, Torture, Abuse, Murder & Abu Graib;

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My logo, my TRADEMARK, is the MRI of my skull, showing gross assymetry,aka DEFORMITY = ugliness and target of bullies. The HAIG REPORT: the EVIDENCE My logo, my TRADEMARK, is the MRI of my skull, showing gross assymetry,aka DEFORMITY = ugliness and target of bullies.
 

Fraud & Corruption EXPOSED

header: Queensland Court of Appeal on Trial

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Reg. Office: 254 Hawken Drive, St Lucia, Qld. 4067, Australia.  
Editor-in-Chief:  Russell G H Mathews BCom BSc LLB BA      EMAIL your advice:  Please Please make a donation using BPay.  using  Please make a donation using BPay. 

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Menu: CORRUPT Rev Canon Prof Dr John Leslie Morgan, @ St Johns College, UQ:

  1. PROOF of the 2001 FRAUD  by CORRUPT Rev Canon Prof Dr John Morgan
  2. Directory of links about Criminal parasite priest Rev Canon John Leslie Morgan:
  3. Directory of Anglican CORRUPTION matters:
  4. Anglicans conspire to steal the home of disabled with aid of political & judicial corruption
  5. PROOF of another instance that Rev Canon Professor Dr John Leslie Morgan is yet again a LIAR
  6. PROOF that Rev Canon Professor Dr John Leslie Morgan is Incompetent
  7. PROOF that Rev Canon Professor Dr John Leslie Morgan is a BULLY
  8. Email from Morgan showing he is a silly malicious ratbag 
  9. Is this Primate Aspinall's BUSINESS ACUMEN?
  10. Anglican priest bullies DISABLED Neighbour to STEAL his HOME.
  11. Yet another Morgan LIE that neither he nor St John's College had any documents about me..  I had to push it all the way to the Privacy Commission, who Morgan was repeatedly ignoring.  He really thinks he is god.
  12. Anglican CORRUPTION EXPOSED
  13. Another Morgan LIE
  14. One of the many examples of MONEY & FRAUD being motivator of 'Rev' John Morgan
  15. $1Mill+ FRAUD- St Johns College & University of Queensland
  16. Australian CRIMINAL LAW Journal ISSN: 1321-6562 26 February, 2007. Issue #: 200702
  17. FRAUD on Uni Students: $1,500 RENT PER WEEK, for an ASBESTOS RIDDEN dump.
  18. Is FRAUD the answer for Anglican return on investment?

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Menu:  Latest Update: Queensland's Court of Appeal: ON TRIAL!!!!

  1.  Appeal 25th November, 2011: Police Fraud & Disability Discrimination by Magistrate Paul Kluck, District Court Judge Kerry John O'Brien, & CDPP's Shane Hunter:
  2.  Outline of Argument & Submission asAt 31st October, 2011 Appeal Qld Police Fraud & Disability Discrimination by Magistrate Paul Kluck, District Court Judge Kerry John O'Brien, & CDPP Shane Hunter:
  3. Respondent's CDPP's Shane Hunter's Lies & Dishonesty in Outline of Argument for CA201/2011 Qld Court of Appeal re Qld police Fraud & Disability Discrimination: Magistrate Paul Kluck; District Court Judge Kerry John O'Brien KJOB:
  4. My Response to Lies & Dishonesty in Respondent's CDPP's Shane Hunter's Outline of Argument for CA201/2011 Qld Court of Appeal re Qld police Fraud & Disability Discrimination: Magistrate Paul Kluck; District Court Judge Kerry John O'Brien KJOB:
  5. Transcript of My Oral Submission on the day, 25th November, 2011, in Qld Court of Appeal, against Qld police corrupt charges to coverup Qld Government Armed Robbery of disabled citizen, before Magistate Paul M Kluck:
  6. Court of Appeal Short Hearing 25th November, 2011; Reserved Decision; Possible Way Forward - Conclusive Evidence: Armed Robbery; International Scrutiny::
  7. Decision: Court of Appeal division of Supreme Court of Queensland Mathews v Commissioner of Police [2011] QCA 368 CA No 201 of 2011: :
  8. My Future Actions, after the 13/12/11 Refusal by Qld Court of Appeal of my Appeal::
  9. My request to the Qld Arrorney-General to Honour His Duty to Apply to the Court to Set Aside The Miscarriage of Justice, Vexatious Litigant Order:
  10. The Decision of Glory of the Queensland Court of Appeal:
  11. Transcript: 20050601 Magistrates Court Transcript Fraud by Magistrate Walter Harvey Ehrich, John Peden, Ms Prasley & Police Sergeant Terence G IND:
  12. Transcript: 20081217 Magistrates Court Transcript of Fraud & Farce byMagistrate Walter Harvey Ehrich & Police Sgt Cox:
  13. Index: Queensland's Court of Appeal: ON TRIAL!!
  14. CORRUPT GOVERNMENT Judge Henry George Fryberg protects CORRUPT GOVERNMENT ARMED ROBBERS:
  15. Earlier Mentions of Henry George Fryberg: the former article explains a little extra:

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Today's HAIG  HOT_TOPICS

  1.  Click here  to read  HAIG   Report  on the 2012 Queensland State Election.

  2. See: the Page ShowingPrevention of Tooth Decay from Dry Mouth during sleep with Simple Elastic Apparatus: & Sleep Disorder of Obstructive Sleep Apnoea [OSA]

  3. See: the Page Showing: Mathematics <=> Logic: Algorithm => Website: Code & Program: Maths Club: Maths Tutor: ALL Open Source & Totally FREE!!

  4. Latest Update: Many New Corruption Scandals at
             THE UNIVERSITY         
             OQUEENSLAND         

    The Cradle of Official, Judicial & Government Corruption in Qld:

    Skeletons in the cupboard for Maurie McNarn, new UQ Director of Operations & ex-director of the Australian Defence Intelligence Organisation [ADIO] re Prisoner Rendition, Torture, Abuse, Murder & Abu Graib;

  5.  Click here  For  LATEST, on 25th November, 2011,   hearing in the Queensland Court of Appeal of Russell Mathews' Application for Leave to Appeal, plus;    Click here  to see his Outline of Argument to the court;  Click here  to see the Transcript of his Oral Submission on 25th November, 2011, &   Click here  to see the very latest developments in this saga. [This link here will be continually UpDated to be the very latest.]

  6.  Click here  to read of how Genuine Best Value  HAIG   BROADBAND  can save you money and Improve your online experience.

  7.  See: Video PROOF of Aggravated Assault 
     on  VULNERABLE, DISABLED OLD MAN 

     & AUSTRALIAN  Police  Refuse  to  Act 

  8.   Alert Professor Dr Megan Squire of Elon University, North Carolina EXPOSES FAKE & BOGUS websites promoting US online "Universities".

  9. Learn to Speak English Distinctly & Enunciate Clearly Without any Accent

    Follow the text as you listen to the AUDIO RECORDINGS, then listen to the audio as you READ THE TEXT ALOUD in unison with the audio recording and so PERFECT your pronounciation.

  10. http://HaigReport.com/images/20110219KevinBurrageHeadshot_cr.png

    Kevin Burrage is a parasite and a FRAUDSTER mathematician:
    NOW @ OXFORD UNIVERSITY, UK:
    Professor
    approves PLAGIARISM:



  11. Criminal FemiNazi [aka Radical Feminism] Contagion erupting in Queensland Circa 1980/90:

  12. SEE:  Summary of the 290+ University of Queensland Documents Proving the deliberate FRAUD of a DISABLED STUDENT by Professors Kevin Burrage & Andrew Lister as a Menu of all of the summary titles of each document:

  13. [SSAT] is a Fraud & a Farce:
    FemiNazi 'Fang' Jane K. Macdonnell , now rorts the SSAT: [quote:
    "very aggressive and goes off half cocked"]
    & is the current ['til 2015] & only "Principal" member, of SSAT, Australia-wide.


  14. PROOF that students & staff should be WARY of University of Western Sydney [UWS]:
    & see Menu of why the Administration of the University of Western Sydney [UWS] should be WORRIED

  15. "Plagiocephaly"
    What is it?  Click above to discover.

  16. See DOCUMENTARY EVIDENCE:
    of the Fraud, LIES, & Corruption
    @ The University of Queensland - law school


  17. The University of Queensland Administration is BAD NEWS





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The Glory of the Queensland Court of Appeal:

New Document New Document ../CorruptMagistratesMenu.php ../Corrupt Police& Magistrates Menu.php An example of a CASCADING Drop Down Menu.

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Menu:  Latest Update: Queensland's Court of Appeal: ON TRIAL!!!!

  1.  Appeal 25th November, 2011: Police Fraud & Disability Discrimination by Magistrate Paul Kluck, District Court Judge Kerry John O'Brien, & CDPP's Shane Hunter:
  2.  Outline of Argument & Submission asAt 31st October, 2011 Appeal Qld Police Fraud & Disability Discrimination by Magistrate Paul Kluck, District Court Judge Kerry John O'Brien, & CDPP Shane Hunter:
  3. Respondent's CDPP's Shane Hunter's Lies & Dishonesty in Outline of Argument for CA201/2011 Qld Court of Appeal re Qld police Fraud & Disability Discrimination: Magistrate Paul Kluck; District Court Judge Kerry John O'Brien KJOB:
  4. My Response to Lies & Dishonesty in Respondent's CDPP's Shane Hunter's Outline of Argument for CA201/2011 Qld Court of Appeal re Qld police Fraud & Disability Discrimination: Magistrate Paul Kluck; District Court Judge Kerry John O'Brien KJOB:
  5. Transcript of My Oral Submission on the day, 25th November, 2011, in Qld Court of Appeal, against Qld police corrupt charges to coverup Qld Government Armed Robbery of disabled citizen, before Magistate Paul M Kluck:
  6. Court of Appeal Short Hearing 25th November, 2011; Reserved Decision; Possible Way Forward - Conclusive Evidence: Armed Robbery; International Scrutiny::
  7. Decision: Court of Appeal division of Supreme Court of Queensland Mathews v Commissioner of Police [2011] QCA 368 CA No 201 of 2011: :
  8. My Future Actions, after the 13/12/11 Refusal by Qld Court of Appeal of my Appeal::
  9. My request to the Qld Arrorney-General to Honour His Duty to Apply to the Court to Set Aside The Miscarriage of Justice, Vexatious Litigant Order:
  10. The Decision of Glory of the Queensland Court of Appeal:
  11. Transcript: 20050601 Magistrates Court Transcript Fraud by Magistrate Walter Harvey Ehrich, John Peden, Ms Prasley & Police Sergeant Terence G IND:
  12. Transcript: 20081217 Magistrates Court Transcript of Fraud & Farce byMagistrate Walter Harvey Ehrich & Police Sgt Cox:
  13. Index: Queensland's Court of Appeal: ON TRIAL!!
  14. CORRUPT GOVERNMENT Judge Henry George Fryberg protects CORRUPT GOVERNMENT ARMED ROBBERS:
  15. Earlier Mentions of Henry George Fryberg: the former article explains a little extra:

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The Glory of the Queensland Court of Appeal:

http://HaigReport.com/aaaaMenu/Menus/includedMenuDefraudingMeMyHome.php /PHPincludesCorruptBrisbaneDiocese/includedMenuJohnMorgan.php

Menu: CORRUPT Rev Canon Prof Dr John Leslie Morgan, @ St Johns College, UQ:

  1. PROOF of the 2001 FRAUD  by CORRUPT Rev Canon Prof Dr John Morgan
  2. Directory of links about Criminal parasite priest Rev Canon John Leslie Morgan:
  3. Directory of Anglican CORRUPTION matters:
  4. Anglicans conspire to steal the home of disabled with aid of political & judicial corruption
  5. PROOF of another instance that Rev Canon Professor Dr John Leslie Morgan is yet again a LIAR
  6. PROOF that Rev Canon Professor Dr John Leslie Morgan is Incompetent
  7. PROOF that Rev Canon Professor Dr John Leslie Morgan is a BULLY
  8. Email from Morgan showing he is a silly malicious ratbag 
  9. Is this Primate Aspinall's BUSINESS ACUMEN?
  10. Anglican priest bullies DISABLED Neighbour to STEAL his HOME.
  11. Yet another Morgan LIE that neither he nor St John's College had any documents about me..  I had to push it all the way to the Privacy Commission, who Morgan was repeatedly ignoring.  He really thinks he is god.
  12. Anglican CORRUPTION EXPOSED
  13. Another Morgan LIE
  14. One of the many examples of MONEY & FRAUD being motivator of 'Rev' John Morgan
  15. $1Mill+ FRAUD- St Johns College & University of Queensland
  16. Australian CRIMINAL LAW Journal ISSN: 1321-6562 26 February, 2007. Issue #: 200702
  17. FRAUD on Uni Students: $1,500 RENT PER WEEK, for an ASBESTOS RIDDEN dump.
  18. Is FRAUD the answer for Anglican return on investment?

New Document New Document ../CorruptMagistratesMenu.php ../Corrupt Police& Magistrates Menu.php An example of a CASCADING Drop Down Menu.

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Menu:  Latest Update: Queensland's Court of Appeal: ON TRIAL!!!!

  1.  Appeal 25th November, 2011: Police Fraud & Disability Discrimination by Magistrate Paul Kluck, District Court Judge Kerry John O'Brien, & CDPP's Shane Hunter:
  2.  Outline of Argument & Submission asAt 31st October, 2011 Appeal Qld Police Fraud & Disability Discrimination by Magistrate Paul Kluck, District Court Judge Kerry John O'Brien, & CDPP Shane Hunter:
  3. Respondent's CDPP's Shane Hunter's Lies & Dishonesty in Outline of Argument for CA201/2011 Qld Court of Appeal re Qld police Fraud & Disability Discrimination: Magistrate Paul Kluck; District Court Judge Kerry John O'Brien KJOB:
  4. My Response to Lies & Dishonesty in Respondent's CDPP's Shane Hunter's Outline of Argument for CA201/2011 Qld Court of Appeal re Qld police Fraud & Disability Discrimination: Magistrate Paul Kluck; District Court Judge Kerry John O'Brien KJOB:
  5. Transcript of My Oral Submission on the day, 25th November, 2011, in Qld Court of Appeal, against Qld police corrupt charges to coverup Qld Government Armed Robbery of disabled citizen, before Magistate Paul M Kluck:
  6. Court of Appeal Short Hearing 25th November, 2011; Reserved Decision; Possible Way Forward - Conclusive Evidence: Armed Robbery; International Scrutiny::
  7. Decision: Court of Appeal division of Supreme Court of Queensland Mathews v Commissioner of Police [2011] QCA 368 CA No 201 of 2011: :
  8. My Future Actions, after the 13/12/11 Refusal by Qld Court of Appeal of my Appeal::
  9. My request to the Qld Arrorney-General to Honour His Duty to Apply to the Court to Set Aside The Miscarriage of Justice, Vexatious Litigant Order:
  10. The Decision of Glory of the Queensland Court of Appeal:
  11. Transcript: 20050601 Magistrates Court Transcript Fraud by Magistrate Walter Harvey Ehrich, John Peden, Ms Prasley & Police Sergeant Terence G IND:
  12. Transcript: 20081217 Magistrates Court Transcript of Fraud & Farce byMagistrate Walter Harvey Ehrich & Police Sgt Cox:
  13. Index: Queensland's Court of Appeal: ON TRIAL!!
  14. CORRUPT GOVERNMENT Judge Henry George Fryberg protects CORRUPT GOVERNMENT ARMED ROBBERS:
  15. Earlier Mentions of Henry George Fryberg: the former article explains a little extra:

PHPincludes/includedWrittenByRussellMathews.php
Web-site, Written, Coded, Produced and Directed by
Russell G H Mathews
BCom BSc LLB BA

International Disability Rights Advocate
invoking
UN Optional Protocol to the Convention on the Rights of Persons with Disabilities
& UN Convention on the Rights of Persons with Disabilities
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CLICK on image => My Election HOMEPAGE

View list of my WEBSITES and Bulletin Boards
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http://HaigReport.com/aaaaMenu/Menus/includedMenuDefraudingMeMyHome.php /PHPincludesCorruptBrisbaneDiocese/includedMenuJohnMorgan.php

Menu: CORRUPT Rev Canon Prof Dr John Leslie Morgan, @ St Johns College, UQ:

  1. PROOF of the 2001 FRAUD  by CORRUPT Rev Canon Prof Dr John Morgan
  2. Directory of links about Criminal parasite priest Rev Canon John Leslie Morgan:
  3. Directory of Anglican CORRUPTION matters:
  4. Anglicans conspire to steal the home of disabled with aid of political & judicial corruption
  5. PROOF of another instance that Rev Canon Professor Dr John Leslie Morgan is yet again a LIAR
  6. PROOF that Rev Canon Professor Dr John Leslie Morgan is Incompetent
  7. PROOF that Rev Canon Professor Dr John Leslie Morgan is a BULLY
  8. Email from Morgan showing he is a silly malicious ratbag 
  9. Is this Primate Aspinall's BUSINESS ACUMEN?
  10. Anglican priest bullies DISABLED Neighbour to STEAL his HOME.
  11. Yet another Morgan LIE that neither he nor St John's College had any documents about me..  I had to push it all the way to the Privacy Commission, who Morgan was repeatedly ignoring.  He really thinks he is god.
  12. Anglican CORRUPTION EXPOSED
  13. Another Morgan LIE
  14. One of the many examples of MONEY & FRAUD being motivator of 'Rev' John Morgan
  15. $1Mill+ FRAUD- St Johns College & University of Queensland
  16. Australian CRIMINAL LAW Journal ISSN: 1321-6562 26 February, 2007. Issue #: 200702
  17. FRAUD on Uni Students: $1,500 RENT PER WEEK, for an ASBESTOS RIDDEN dump.
  18. Is FRAUD the answer for Anglican return on investment?

included20100730CourtOfAppealDecisionEvilEgregiousEhrichQCA196-RvMathews.php

The Glory of the Queensland Court of Appeal:

includedWhatThisDecisionReallyMeansForQld.php

Firstly, an explanation of what this Glorious decision of the Court of Appeal on 20th July, 2010, will really mean for Queensland:

This magistrate, at the earlier hearing on 1st June, 2005, was half an hour late coming into the court, entering at 10am when the court was set to begin at 9:30 AM.  Read the whole transcript, starting from his dealing with this matter.  Clearly, I suggest it is obvious that the Magistrate just wanted to "Get Rid of It."  That is what he asked at line 50 on the page at this link.  It was clear also, that he wanted to prevent my saying anything.  See what he had to say to me at line 43 and 49 on this page

Clearly, the reason the Magistrate was late to court and acted as he did, is that he had been pressured or "encouraged" by some one powerful to "Get Rid of it."  He could not afford to have any matters about the evidence discussed.  Hence, he could not even hear from the barristers for the witness I had subpoenaed, because it had been "ARMED ROBBERY of me by the Qld Police and the Brisbane City Council.  They needed a Court Order but did not have it.  The question here is, "Who stood to gain from the the CRIME of ARMED ROBBERY of me, a disabled person, who was, [and still is] the beneficial owner of the house and land at 254 Hawken Drive, St Lucia?"

Was Magistrate Walter Harvey Ehrich, pressured by the Chief Justice of the Supreme Court of Queensland, Paul de Jersey, or by someone claiming his patronage, such that this magistrate [Walter Harvey Ehrich] would obey?  Clearly, Magistrate Ehrich had been ORDERED to, in his own words, "Get rid of it" so that no details would surface.  Magistrate Walter Harvey Ehrich was skittish and nervous.  He bellowed his orders at me to "Sit Down" to prevent my speaking.  So, what was to be hidden and why?

Chief Justice of the Supreme Court of Queensland, Paul de Jersey, is the Chancellor of the Brisbane Diocese of the Anglican Church [BDAC].  The Reverend John Morgan is attached to the BDAC as is St Johns College at The University of Queensland.  Rev John Morgan is the Warden of St Johns College at UQ and had been bullying me for years as my neighbour with the aim of stealing my property.  Rev John Morgan is a fraudster. I had subpoenaed the Reverend Dr John Morgan to appear.  See at line 29 seq at this link. Reverend John Morgan is now "running" my beneficially owned home at 254 Hawken Drive,  St Lucia, as an extension of St Johns College, at UQ..

What I did not know at the time, but have since discovered, is that the reason that I was the TARGET of the ARMED ROBBERY.  As at the 1st June, 2005, Paul de Jersey's BDAC had SECRETLY contracted to buy my home from the trustee.  See the PROOF, [note the date that the McVeans had signed the Transfer document, to transfer the legal title to the BDAC aka The Corporation of the Synod of the Diocese of Brisbane, well before this hearing.  Of course, Paul de Jersey's BDAC intended to defraud me of my Beneficial Ownership of my home.

I sincerely believe that now is the beginning of the end for police corruption in Queensland.  A beacon on the anti-corruption scene in Queensland has been actions of the latest chairman of the Crime and Misconduct Commission, The Honourable Martin Moynihan AO QC in relation to the less than ideal police action in regard to the death on Palm Island, the way in which he has refused to be a "rubber" "Stamp" for the Bligh government, plus his disquiet at the manner of the re-appointment of Bob Atkinson as Police Commissioner.

Quite properly, the Court of Appeal is concerned with the law and not with personalities.  For this reason the CA has omitted the identity of the Magistrate and of the police Officer, especially in my grounds quoted on Page 5.

Well I am quite happy to NAME them.  It is my contention that both knew what they were doing, and hence, their actions were criminal. The Magistrate was Walter Harvey Ehrich, and the police officer was Henri Elias Rantala.  For Rantala see the site at this link and see the Cascading Drop Down Menu called

Rantala-Gate:

Click here to go to Rantala-Gate: For Rantala see the site at this link and see the Cascading Drop Down Menu

On my knowledge of the law [I have an LLB], I suggest that this will not end here.  I will suggest that Magistrate Walter Harvey Ehrich has a short career as a Magistrate.   We have already devoted much commentary to Walter Harvey Ehrich.  We now have the transcripts of his two relevant hearings.

Some of our Walter Harvey Links commentaries:

And of course
Clearly, Magistrate Walter Harvey Ehrich aka Evil Egregious Ehrich was acting under orders, and the Police prosecutor knew what he had to do in the second Ehrich hearing.

The PDF version of this Court of Appeal Glorious decision can be accessed online at Evil Egregious Ehrich.
included20100730CourtOfAppealDecisionEvilEgregiousEhrichQCA196-RvMathews.php

The Glory of the Queensland Court of Appeal:

included The Glory of the Queensland Court of Appeal


The PDF version of this Court of Appeal Glorious decision can be accessed online at Evil Egregious Ehrich.

SUPREME COURT OF QUEENSLAND




CITATION:

R v Mathews [2010] QCA 196

PARTIES:

R
v
MATHEWS, Russell Gordon Haig
(applicant/appellant)

FILE NO/S:

CA No 56 of 2010
DC No 33690 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave s118 DCA (Criminal)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

Orders delivered ex tempore on 20 July 2010
Reasons delivered on 30 July 2010

DELIVERED AT:

Brisbane

HEARING DATE:

20 July 2010

JUDGES:

McMurdo P, Fraser JA and White JA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Delivered ex tempore on 20 July 2010

1. Application for leave to appeal granted.

2. Appeal allowed.

3. The order of the District Court of 19 March 2010 is set aside and instead the following orders are substituted:

(a) the applicant is granted an extension of time to appeal to 19 March 2010;

(b) the appeal is allowed;

(c) the orders of the Magistrates Court of 1 June 2005 and 17 December 2008 are set aside;

(d) instead, the charge of public nuisance brought against the applicant is dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – CONDUCT OF TRIAL JUDGE – appellant applied for leave from order of District Court Judge refusing application to extend time to appeal from orders of Magistrate – Magistrate sentenced applicant for public nuisance before determining whether on evidence applicant was guilty or not guilty – Magistrate purported to re-open sentence and set aside conviction under s 188(3)(a) Penalties and Sentences Act 1992 (Qld) three years later – whether Magistrate sentencing the appellant before determining guilt was unlawful – whether Magistrate's purported setting aside conviction and sentence was unlawful – whether District Court should have set aside orders of Magistrates Court

Penalties and Sentences Act (1992) Qld, s 19, s 188(3)(a)
Vagrants, Gaming and Other Offences Act 1931 (Qld) (repealed), s 7AA, s 39

COUNSEL:

The appellant appeared on his own behalf
M B Lehane for the respondent

SOLICITORS:

The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

[1]McMURDO P: On 20 July 2010, this Court made the following orders:

1. Application for leave to appeal granted.

2. Appeal allowed.

3. The order of the District Court of 19 March 2010 is set aside and instead the following orders are substituted:

(a) the applicant is granted an extension of time to appeal to 19 March 2010;

(b) the appeal is allowed;

(c) the orders of the Magistrates Court of 1 June 2005 and 17 December 2008 are set aside;

(d) instead, the charge of public nuisance brought against the applicant is dismissed.

[2]These are my reasons for joining in those orders. The applicant, Russell Gordon Haig Mathews, applied for leave to appeal to this Court under s 118(3) District Court of Queensland Act 1967 (Qld) from a District Court judge's order refusing his application to extend time to appeal from orders made in the Magistrates Court. Mr Mathews was originally charged with committing a public nuisance on 29 November 2004 under s 7AA Vagrants, Gaming and Other Offences Act 1931 (Qld) (repealed). The matter came on for hearing in the Brisbane Magistrates Court on 1 June 2005.

[3]The magistrate did not ask Mr Mathews to enter a plea, but instead told the police prosecutor to outline the case alleged against Mr Mathews before dealing with some preliminary matters concerning summoned witnesses who were legally represented.

[4]According to the transcript, the hearing proceeded as follows:

"[POLICE PROSECUTOR]: ... the Council have issued a notice to [Mr Mathews] to clean up his yard. He hasn't complied with that.

… The Council have gone there, and they've approached [Mr Mathews], and he hasn't complied, and they've actually got some trucks, and it's taken them a couple of days, I think, three days, in fact, to clean up the yard.

…

And during the first day, [Mr Mathews] has actually caused a public nuisance.

BENCH: What's he done?

[MR MATHEWS]: Alleged, your Honour, alleged.

BENCH: Just a minute. What's he done? What's he alleged to have done?

[POLICE PROSECUTOR]: His actions have been confrontational. He's actually got in the way of the workers, who've been there lawfully. There has - evidence-----

BENCH: And what, was he arrested, taken into custody?

[POLICE PROSECUTOR]: Yes.

BENCH: Yes. How long was he in custody?

[POLICE PROSECUTOR]: He was only in custody with bail conditions for a short time.

… And the bail conditions were enough so that he could stay away from the premises until 6 p.m. that afternoon, so-----

BENCH: It's all been done, everything's finalised.

[POLICE PROSECUTOR]: Yes.

[MR MATHEWS]: Excuse me, your Honour. Could I make a mention at this stage that the witnesses are in this Court?

BENCH: Well, just sit down, would you?

[MR MATHEWS]: There are witnesses in the Court, sorry, your Honour.

BENCH: Sit down. Will an absolute discharge under section 19 of the Penalties and Sentences Act suffice in this matter? Get rid of it?

[POLICE PROSECUTOR]: Yes, your Honour, if that's acceptable.

[MR MATHEWS]: What is that, please, your Honour?

BENCH: Yes, I've heard the facts. I've heard the facts. I think the appropriate penalty in this case is an absolute discharge under section 19 of the Penalties and Sentences Act. You are discharged.

[MR MATHEWS]: Thank you, your Honour."

[5]Under s 39 Vagrants, Gaming and Other Offences Act, a prosecution for an offence under that Act must be heard and determined summarily. It is clear from the quoted transcript that due process did not occur. Mr Mathews plainly indicated to the magistrate that he intended to contest his guilt of the summary charge of public nuisance. But the magistrate did not ask Mr Mathews to plead to the charge. And nor did he hear any evidence; allow Mr Mathews to cross-examine prosecution witnesses; allow Mr Mathews to give or call evidence or address the court on the question of guilt; or determine in a reasoned way whether, on the evidence,
Mr Mathews was guilty or not guilty before sentencing him under s 19 Penalties and Sentences Act 1992 (Qld).

[6]It hardly need be said that the Penalties and Sentences Act 1992 (Qld), as its title and terms make clear, only operates after a person has been found guilty of an offence. The conduct of the proceeding on 1 June 2005 was grossly irregular. It resembled more of the topsy-turvy world of Lewis Carroll's Alice in Wonderland ("Sentence first – verdict afterwards") than a court of law in a democracy. Mr Mathews was right to feel aggrieved. Unfortunately, he did not appeal to the District Court from the order of 1 June 2005 within the one month period allowed under s 222(1) Justices Act 1886 (Qld). And nor did he apply to the Magistrates Court to have the order set aside.

[7]At some point, the magistrate must have become concerned about the irregularity as the bench charge sheet is endorsed by the magistrate in these terms:

"1.12.2008 Pursuant to section 188(1)(a) and 5(a) I propose to re-open this sentence and set aside the conviction and relist this matter for trial. Pursuant to 188(3)(a) the parties must be given the opportunity to be heard. I therefore list the application for hearing before me in court 32 at 2.30 pm on Wednesday 17 December 2008. The court is required to notify the parties."

[8]About three and a half year later, on 17 December 2008, the matter was brought on again for hearing before the same magistrate. Mr Mathews' name was called more than twice without a response and court officers checked outside the court but could not find him. The record does not show that Mr Mathews was given notice of this hearing. The following exchange occurred in his absence:

"BENCH: … Well I'm going to re-open - you – you don't want to be heard on this, do you?

[POLICE PROSECUTOR]: No, just offer no evidence, your Honour.

BENCH: I re-open this matter and set aside the conviction and sentence. Then you said you're offering no evidence; is that right?

[POLICE PROSECUTOR]: That's - that's correct, your Honour.

BENCH: Prosecutor offers no evidence, charge is dismissed, [Mr Mathews] is discharged. Notify [Mr Mathews]. All right. Thank you."

[9]The only sensible inference from the notation on the bench charge sheet and from the transcript is that the magistrate purported to make this order under s 188 Penalties and Sentences Act. There is nothing to suggest the order was purported to be made under s 147A Justices Act or under the court's inherent power to correct errors such as a void order. It is, therefore, unnecessary to determine whether s 147A, or any inherent power, could have been invoked to set aside the order of 1 June 2005.

[10]There is no evidence of when Mr Mathews was informed of the order of 17 December 2008. About 15 months later, on 2 March 2010, Mr Mathews applied for an extension of time to appeal from his conviction and sentence on 1 June 2005 to the District Court under s 222 Justices Act stating his grounds as:

"1. I was denied Natural Justice in that I was denied the Right to be Heard. By applying Sec 19 Penalty and Sentences Act, [the magistrate] was finding me guilty, without a plea and without a hearing or his hearing evidence. I had not pleaded guilty. I had paid for and subpoenaed five witnesses together with documents. [The magistrate] bellowed at me to prevent my speaking when I calmly requested explanation.

2. This was done in this way, by [the magistrate], to PERVERT the course of Justice, and to conceal the Armed Robbery of me by the Police per … and the Brisbane City Council on 29th November, 2004, 30th November, 2004, to and including 1st December, 2004.

3. This Armed Robbery of me was ARMED ROBBERY of a citizen of Australia, by A BRANCH OF THE GOVERNMENT OF AUSTRALIA, when it was not alleged that I had done anything wrong. This was Armed Robbery of a Citizen by the Australian Government for NO REASON. [The] Magistrate … as another branch of the Australian Government, has greatly exacerbated this criminal wrong of Armed Robbery against a citizen by the Australian Government, by acting in an ultra vires manner to conceal this criminal wrong against me by the Australian Government. Thus, the actions of [the magistrate] are criminal also."

[11]His application was heard in the District Court on 19 March 2010. The District Court judge considered that because Mr Mathews' finding of guilt was set aside and the nuisance charge dismissed on 17 December 2008, there was no order in the Magistrates Court from which Mr Mathews could appeal and so refused the application for an extension of time. Her Honour noted:

"While Mr Mathews is concerned about the validity of the process by which he was exonerated, this ruling should serve as a formal confirmation and a public record of the fact that, at this point in time, Mr Mathews does not have a conviction for public nuisance.

…

Mr Mathews is not guilty of the public nuisance offence with which he was charged in 2004."

[12]Mr Mathews then applied for leave to appeal to this Court under s 118(3) District Court of Queensland Act from the District Court judge's order. The grounds of his application are:

"The conviction and operation of the Penalty and Sentences Act on 1 June, 2005, was void ab initio as I was denied a hearing.

On 1 December, 2008, the same magistrate … reopened the sentence and purported to revoke the conviction. This was ultra vires, beyond power of Penalty & Sentences Act Sec 188, which he purported to use."

[13]Mr Mathews has given no explanation for the very significant delay in seeking to appeal. There is, however, no evidence of when he became aware of the order of 17 December 2008. It is clear that the order made by the magistrate on 1 June 2005 must now be set aside if the order of 17 December 2008, which purported to do that, was made without jurisdiction. The gross irregularity and injustice perpetrated on 1 June 2005 in the magistrate's sentencing Mr Mathews before determining, according to law, whether he was guilty of the offence, cannot be permitted to stand. The endorsement on the bench charge sheet of 1 December 2008 suggests that the magistrate recognised this, although many years later. But instead of the parties correcting the matter lawfully, for example, on appeal, the magistrate purported to correct his egregious error by way of s 188 Penalties and Sentences Act which relevantly provides:

"Court may reopen sentencing proceedings

188(1) If a court has in, or in connection with, a criminal proceeding … —

(a) imposed a sentence that is not in accordance with the law; or

…

(c) imposed a sentence decided on a clear factual error of substance;

…

the court, whether or not differently constituted, may reopen the proceeding.

…

(3) If a court reopens a proceeding, it—

(a) must give the parties an opportunity to be heard; and

(b) may resentence the offender—

(i) for a reopening under subsection (1)(a)—to a sentence in accordance with law; or

…

(iii) for a reopening under subsection (1)(c)—to a sentence that takes into account the factual error;

…

(c) may amend any relevant conviction or order to the extent necessary to take into account the sentence imposed under paragraph (b).

…

(5) The court may reopen the proceeding—

(a) on its own initiative at any time; …"

[14]It is clear from the terms of s 188 that it allows a court to re-open and correct a sentence. And it is equally clear that s 188 is not intended and does not allow a court to re-open a proceeding and set aside a finding of guilt other than insofar as this may be related to correcting the sentence. Further, as there is no evidence that Mr Mathews was notified of the hearing of 17 December 2008, it is not shown that he was given the opportunity to be heard.

[15]Mr Mathews is therefore right in his contention that the magistrate's orders of 1 June 2005 and 17 December 2005 should both be set aside on appeal. Unfortunately, Mr Mathews did not appeal from those orders within time and has given no satisfactory explanation for his lengthy delay, although, as I have noted, it is unclear when he became aware of the order of 17 December 2008. But, despite his tardiness in appealing, the interests of justice require that time should be extended and the appeal to this Court allowed so that the manifest errors on the record of the Magistrates Court, which have now been drawn to this Court's attention, can be corrected. In proceeding as he did under the Penalties and Sentences Act on 17 December 2008, the magistrate was acting without jurisdiction so that the order made was unlawful and the District Court should have set it aside on appeal. The order of 1 June 2005 sentencing Mr Mathews before determining, according to law, whether he was guilty or not guilty, was also unlawful and the District Court should have set it aside on appeal.

[16]It is for those reasons that I joined in the orders of this Court on 20 July 2010.

[17]FRASER JA: I agree with the reasons for judgment of McMurdo P.

[18]WHITE JA: I joined in the orders made by this Court on 20 July 2010 set out in the reasons of the President. I did so substantially for the same reasons as her Honour and need add nothing further.


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