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Comment20131204

Wednesday, 4th December, 2013

My Email Re No Provision Transcripts So No Appearance Response To Kluck's Of 22nd November, 2013

Mr Kluck,

This refers to your email to me dated 22nd November, 2013.  This communique is now, or will soon be, online HERE.

I am unable to appear on the 5th December, 2013, due to my not readily recognized but very substantial brain damage disability.   Due to my disabilities I have been kept unaware of developments as I have been denied the transcripts of previous hearings.  This has arisen due to my disabilities.  Because of my disabilities, I have a RIGHT to those transcripts to assist to alleviate the effects of my disabilities.

I cannot appear even by telephone until all of my special needs resulting from my disabilities are accommodated. I would be doing a disservice to myself, [and to all disabled persons especially the many, especially who appear before your, with ABI], to do otherwise.  You cannot, in all conscience expect me to continue to struggle on, while my special needs are denied to me, notwithstanding that you forced me consistently over three days in June, 2010 when you are on record as acknowledging that I was struggling and that you knew I had brain damage.  It is my RIGHT to have those transcripts, to accommodate my special needs to alleviate the effects of my disabilities.

I cannot appear even by written submission while I have been denied knowledge of what has proceeded previously, which would be disclosed by the provision of full transcripts, and not merely your summary.

If you proceed in my absence, that will be ultra vires due to a denial of Natural Justice. It will be forever void ab initio. Do you think the Court of Appeal, or named judges in the Court of Appeal,  will wish to approve that or even acquiesce that, when the purpose was to conceal an ARMED ROBBERY BY THEIR PAYMASTER.

In fact, the evidence, in  your court, admitted under oath,  by the police armed robber, Henri Elias Rantala, together with the LAW [LEGISLATION], which you are deemed to know, confirmed the TRUTH OF THE MATTER, which you wanted to ignore.  YOU KNEW THE POLICE [part of your paymaster] and your paymaster, COMMITTED AN ARMED ROBBERY for the benefit of your paymaster.  Need I say more?  

You have long had the evidence before you that Rantala, and YOUR PAYMASTER have committed an ARMED ROBBERY on me at my home on Monday,the 29th November, 2004.  You know that is criminal.  Now, mr Kluck, I challenge you to do your sworn Duty and PUBLICLY report that to the CMC.  As you know the Australian media, since the broadcast of HaigReport on ABC TV's MediaWatch, on 4th November, 2013, are watching the developments.  Where will you be, and what will be the implications for you, when this massive Qld corruption and coverup hits the fan?

Might I add that Paul Barry, of ABC TV's MediaWatch is a 'follower' of the HaigReport twitter account, where the carriage of this email on the HaigReport website will be 'tweeted". 
Don't forget, on the first day, you ridiculed me and my disability.  [of damage to my brain, where "thoughts" originate];
Mr Paul M Kluck's [a Qld government magistrate's] Infamous, Scandalous Ridicule of Me and My Disability

"So,  Have You Got Your Thoughts Back  Together Again, Mr Mathews"

I also note that you, Mr Kluck, have stated in open court that you are aware that I have brain damage. 
Mr Kluck, you have Recognized that There Is Prima Facie Evidence Before The Court, That I_Have Brain Injury
and,
Mr Kluck, you further admit  that you know I_Have Cross Examined Under Difficulty For the whole Three Days


I seriously  question your  good faith.  You are just one or a number of individuals and groupings of individuals who have acted seriously against my interests.    I will not apportion my loss and punitive damages between you all, but attribute my total loss and damages to each of you.   I will hold you personally, fully liable for my total losses and damages.   I realize you have judicial immunity, but that is only immunity from prosecution in the courts. What will national media have to say about your part in this massive government corruption.

You are the magistrate , or is that the case with some, or all other magistrates; for instance, for maybe  Queensland magistrate Topsy Turvey aka magistrate Walter Harvey Ehrich aka "Wally" to his corrupt copper mate Henri Elias Rantala who committed the Armed Robbery of me at my home at 254 Hawken Drive, St Lucia, on 29th November, 2004,   whose actions have already gone before the Qld Court of Appeal, Colin John Strofield, who was a police solicitor on the matter of this police Armed Robbery and Rantala arrest of me coram Ehrich on 1st June, 2005, immediately prior to his  promotion to being a magistrate, and now the magistrate stationed at Holland Park Courthouse, and the sycophant Anthony Gett, now  a magistrate in Cairns, who, immediately prior to his elevation, was, as an  officer in the Commonwealth DPP, [CDPP] assisting Qld police to steal my computer and camera, and bring these bogus charges, aimed at permanently keeping a lid on the public knowledge of this POLICE ARMED ROBBERY. Now the CDPP are "prosecuting" these bogus charges.   In this case in your court, before you, YOU HAVE STATED THAT the TRUTH is IRRELEVANT.

On the 24th June, 2010, when I was cross-examining the ex copper Read, you, Mr Kluck, interrupted me to advise;

BENCH: We're not conducting the inquiry as to the truth of that.  [The "that" being the allegation, purportedly by me via a "carriage service", that copper Henri Elias Rantala, had committed an armed robbery.  See what Justice Hayne of the High Court of Australia said in early 2013 regarding THE RIDICULOUS PROPOSITION of TRUTH being the basis of a CRIMINAL OFFENCE.   Criminals are likely to be "offended" by publication of the truth about their crimes and that they are criminals.  So, Mr Kluck, are you wanting to protect criminals from being prosecuted, when they work for, or are, your paymaster?  That is what your conduct, not I, suggests.]

Of course,the TRUTH in this matter was that the Qld government, WHICH PAYS YOU Mr Kluck, had, via its police force, in particular copper Henri Elias Rantala, who has since been promoted to a "police prosecutor", COMMITTED AN ARMED ROBBERY, in a connected series of crimes which had benefited YOUR PAYMASTER, the Qld government, to the extent of many millions of dollars, and involved the THEFT OF THE HOME OF A DISABLED OLD MAN, making him HOMELESS.  

I appeared coram you Mr Kluck at 9am on 13th September, 2013 by telephone.

I requested thus:
"Is this being recorded?  Please order that  I receive a transcript in searchable form of this morning's mention hearing.   I have a poorer memory due to my brain damage and so have this special need.  If I have to apply and wait, I will receive it later, and  that is an extra job for me and there is a reduced number of jobs I can do, as every job is a chore, and having transcripts is a way I cope with, or alleviate the effects of, my disabilities."  [I read the text I had written in preparation. This is just one other way that I employ to try to cope with my disabilities.]

You, Mr Kluck, ignored my request for accommodation of my Special Needs by provision of the transcript.  I also require all transcripts for the occasions when this matter has been mentioned since, this includes transcripts for1st and 2nd October, 2013.

These four Sect 474.17 charges are just some more recent acts by public sector parasites aimed at defrauding me and keeping a lid on those revelations.  It assists their corrupt cause to disadvantage me as much as possible, and this includes using my disabilities and denial of my resulting Special Needs to disrupt me and deny me Due Process.  This includes denying me my special needs of having transcripts. 

I am not merely "ordering" a transcript. I have serious brain damage.  That is a disability giving rise to a number of difficulties and hence "Special Needs".  Provision to me of the transcripts is one way of partly accommodating my special needs.  To fail to do that amounts to "Disability Discrimination".   The Magistrates Court and now the  Executive [Auscript] that controls transcripts, is required to  Accommodate my special needs by Commonwealth legislated law, the DDA [Disability Discrimination Act 1992 (Cth).

Although I had been improperly denied, I still attempted other measures, [although I am not so required], to obtain transcripts from avenues of the Qld government and Australian government.  The Magistrates Court and now the  Executive [Auscript] that controls transcripts, is required to  Accommodate my special needs by Commonwealth legislated law, the DDA.

I remind you of some of the aspects of Brain Damage aka [ABI] Acquired Brain Injury that I have sustained.

I am realizing just how extensive has been the effects of the ABI I have suffered, reading in ABI  literature; eg "Strategies for 14 common issues"; See Page01  Page02   Page03   Page04  /.   Not all apply to me, but many do.  I suggest that #s 7, 11 & 13 would not apply to me.

and reading from "ABI" websites eg:  http://www.health.qld.gov.au/abios/asp/what_is_abi.asp

In the longer term most people with ABI report changes in learning, thinking and behaviour while only 25% of people with a severe ABI will experience ongoing physical disabilities. [So 75% have no outward signs of disability, so observers do not appreciate they are disabled.] These changes in learning, thinking and behaviour are hard for other people to recognise. People who do not understand the difficulties associated with acquired brain injury may believe the person is lazy or being difficult.


People with ABI usually retain their intellectual abilities but have difficulty controlling, coordinating and communicating their thoughts and actions.  ["Actions" in this context, as I find in my case includes commuting.  When, on  the 5th March, 2013, I was commuting to see a specialist medico doctor regarding my disabilities, I was violently assaulted and permanently injured by a mob of criminals ostensibly in the service of the same Qld government that pays you and has committed the armed robbery of me on the 29th November, 2004 at my then home which has been stolen from me by the actions of the Qld government and is now controlled by parasites within the Qld government for the benefit of other parasites within the Qld government. You are already aware of the difficulties I experience re my "thoughts", my thinking and concentrating, for which I have adopted strategies to assist my coping.  Life is still a real struggle for me without being harassed by government parasites.]


If you and the Brisbane Magistrates Court or simply the public sector denies me my RIGHTS, and continues to deny me accommodation of my Special Needs, I shall report this further Disability Discrimination to the Australian Human Rights Commission.  It would not be only the judiciary who was denying me my rights,  but the Executive arm  of Government,

 [this is an OPEN LETTER/EMAIL to the Qld government, to provide these transcripts],

 so the AHRC can take such a complaint.  If I were not disabled with brain stem damage aka Acquired Brain Injury, I would not need the transcripts as I now do.  I cannot be put at a disadvantage because I am disabled.   It is not my choice that I cannot perform if my special needs are not accommodated.

I am not about to beg to have my special needs accommodated.  It is my RIGHT.  If my rights are denied to me, that is setting the norm of riding roughshod over me and my rights; end of story.

The armed robbery of me by the Qld Gov - Rantala et al - cannot be seen as anything but deliberate given all the efforts by Qld police, CMC, LSC, OIC, Fryberg,  Kluck, Hunter and the CDPP to keep a lid on it; to suppress the public knowledge; to prevent the wide dissemination of that information, of the CRIME of the Qld government, YOUR PAYMASTER, which crime the Qld and Cth governments are, by the theft of my computer and these four S474.17 charges are wanting to suppress.  The purpose of the armed robbery was to facilitate The University of Qld, [part of the Qld government, your paymaster, under the direction of the registrar of UQ, and chair of the St Johns College council, one Douglas Porter, taking control of my home, the house and land that I owned beneficially thus defrauding me of my major asset.  No doubt those parasites considered this a "noble cause"; well at least a Groupthink "Noble Cause".

The most recent charges under Sec 474.17 were a continuation of that FRAUD.   The  cases of Monis in  the HCA, and Starkey in the Qld District Court coram Dorney disclose that that section could never have been viewed as proper or valid.

{Monis v The Queen [2013] HCA 4 AHRC abstract;

Monis v The Queen [2013] HCA 4  HCA full case;

 &

Starkey v Commonwealth Director of Public Prosecutions [2013] QDC 124  with PDF online}


 See Hayne J. paras. 100, 209 & 213 Monis.

100 If a law is narrowly tailored to a legitimate object or end, the conclusion that the law is reasonably appropriate and adapted to that object or end readily follows. But these reasons conclude that, by making all seriously offensive uses of a postal or similar service an offence, including those uses where the user would have a defence of truth or of qualified privilege to a claim for defamation founded on that use, the relevant part of s 471.12 [ &  so S.474.17] goes too far and is invalid.

209 Some forms of political communication are deliberately designed to offend. They may be designed and intended to offend because their content is shocking [ such as MAJOR CRIMINAL FRAUD by the Queensland government, your paymaster] the maker, having made reasonable inquiries to verify their content, wishes to disseminate the information widely. Yet if the statement communicated is such as reasonable persons, in all the circumstances, would regard as evoking the reaction described, s 471.12 [ & 474.17] would forbid its communication by post, [ &, or carriage service - let alone PUBLICATION] on pain of up to two [THREE] years' imprisonment, regardless of whether it is true or false and regardless of whether its maker took all reasonable steps to verify the truth of what is communicated.

         See Paragraph 213 below:

Section 474.17 has not become invalid and improper only since Monis and Starkey.  IT HAS ALWAYS BEEN.  Monis and Starkey just means that the parasites can no longer ignore that reality.    How could any of you, or any justice, ignore the reality of Section 474.17, especially in regard to the truth about crime in politics and government.

Now, the courts, your courts are trying to exclude me from their deliberations.  That will assist them to continue the fraud that has been being continuously perpetrated against me for nigh on 40 years.

I NEED THOSE TRANSCRIPTS AS I AM DISABLED, AS A WAY OF ALLEVIATING THE EFFECTS OF THOSE DISABILITIES.  Can you comprehend that?

You seem to try to say that the provision of transcripts to me has nothing to do with you now and you can pass the buck. That is the ultimate in being falsely sanctimonious in the extreme.  You think you can just ignore your continued discrimination against me due to my disabilities.

It is the prime responsibility of the governments and all parts of those governments that wish me to interact or deal with them in this matter to ensure my special needs arising  from my disabilities are accommodated.  Although you had ignored me, I had attempted to obtain those transcripts. True to form, those public sector parasites thought they could big note themselves and stuff me around.  I do not have to play with them on that.  I have my RIGHTS.  Their pea sized brains lost the plot.

I am disabled.  Because I am, I must adopt adaptive strategies to cope. This gives rise to Special Needs.  It is still a struggle, WITHOUT being target by public sector parasites for the benefit of their paymaster.

I am dealing here with an ENTITY.   It may be divided into arbitrary sections or divisions. How they interact is not my concern.  As I said I am dealing  with an entity.  That entity is the combined Qld Government and Commonwealth government.  Ambiguous actions towards me by that entity is Disability Discrimination.   The Qld government has to work out its internal matters itself.   I do not need to be concerned with that.  I need do nothing until all my special needs are accommodated. 

Requiring me to explain this, is itself Disability Discrimination.  Because of my brain damage [aka Acquired Brain Injury - {ABI}] I have special needs.  That includes having  the transcripts.

I think any donkey or moron can understand how brain damage and having written text, can be related.  I should not have to explain further.

Trying to argue the toss with me is serious Disability Discrimination.  Trying  to charge me for provision of a Disability caused Special Needs is even more serious.  For too long, disabled persons have been an easy target for public servants, and many others in our community.  That was a basic breach of Human Rights and was the reason that the Disability Discrimination Act was enacted.

I expect there to be  no more argument or discussion before provision to me of the transcripts.

Here is a thought.  YOU, can  apply to Auscript or whoever, to  supply those transcripts to me, because I am disabled.  It is not my concern how that is accomplished.   Of course, providing my special needs would ruin the fraudulent intention to deliberate about me in secret, or at least to my exclusion, which is clearly the intention, because I would appear, as I have repeatedly over many years, but everyone keeps trying to push me to the limit with all manner of threats to me.

There is already a long list of persons and organizations who have acted to keep a lid on the fraud to which I have been subjected.  Do you all wish to be added to that list?  It is one massive cancer.  You now have to choose how to act.  You have options.  You do not have to "follow orders".  You have free choice.

The more reprehensible the lowlife, the more offensive is the truth about that lowlife.   Sec 474.17 would seem to have been inspired by the more corrupt government, wanting to  be the most parasitic, fraudulent and criminal. The greater the dastardly act, the more wicked and cruel that it is, the greater the  intended protection provided by Sec 474.17.   How stupid are you not to realize that that is abhorrent to the Rule of Law?   "Following orders" - "just doing my job", did not work at Nuremberg either.

Did you see justice Hayne's comment in Monis [2013] paragraph 213:

213        To hold that a person publishing defamatory matter could be guilty of an offence under s 471.12 but have a defence to an action for defamation is not and cannot be right.  The resulting incoherence in the law demonstrates either that the object or end pursued by s 471.12 is not legitimate, or that the section is not reasonably appropriate and adapted to serve a legitimate end in a manner compatible with the maintenance of the constitutionally prescribed system of government and the freedom of communication that is its indispensable incident.  The incoherence is not removed, and its consequences cannot be avoided, by leaving a jury to decide whether reasonable persons would regard the use, in all the circumstances, as offensive.  In the case postulated, the user of the service both knows that the communication is, and intends that the communication be, offensive.  And there is no basis for the proposition (advanced by the second respondent and Queensland) that a jury would not find an accused guilty of an offence against s 471.12 in circumstances of the kind now under consideration because of the section's reference to "reasonable persons ... in all the circumstances".  Statements that are political in nature and reasonable for a defendant to make can and often will still bite in the sense relevant to s 471.12.
 A statement can still be offensive even if it is true.



I remind you Mr Kluck of your statement on 24th June, 2010 when copper Read was being cross-examined:

BENCH: We're not conducting the inquiry as to the truth of that. [as to whether Rantala did enter illegally.]


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Menu: HaigReport'sThemes or Categories of the the Topics of the HaigReport Group of Websites: 
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The LATEST ADDITIONS are added to the top:


See  All 67 Domain Names in the HaigReport Group 

© COPYRIGHT: Russell Gordon Haig Mathews 2002 - 2018

Now here are the THEMES:



  1. Commonwealth of Australia Knowingly Employs LIARS, CHEATS and CRIMINALS:


  2. Government Corruption Infecting Corporates; ASX:


  3. New ADDITIONAL platform; Printed Distributed HaigReport NEWSPAPER:


  4. Self Help Law: Do your own Legals/Law:


  5. International: Corrupt Politics & Corrupt religion:


  6. About HaigReport Group of Websites including
    Vote One Russell Mathews:


  7. Russell Mathews [BCom BSc LLB & BA] Commentary additional to the rest of these Websites:


  8. Legal Rights, & BLACKLISTS of parasite residents & tenants in rental accommodation:


  9. RAMPANT POLICE CORRUPTION Exposed by HaigReport Websites; Publicize Your Complaint Here:


  10. Other public sector corruption Exposed by HaigReport Websites:


  11. RELIGION Corruption CRIME & PAEDOPHILIA Exposed by HaigReport Websites:


  12. Qld Govt Translink wankers & pony spankers Exposed by HaigReport Websites:


  13. Corrupt JUDGES, COURTS, & TRIBUNALS Exposed by HaigReport Websites:


  14. Corrupt LAWYERS Exposed by HaigReport Websites:


  15. Corrupt POLITICANS Exposed by HaigReport Websites:


  16. University of Qld Fraud & Corruption Exposed by HaigReport Websites:


  17. Corruption at other universities; Exposed by HaigReport Websites:


  18. Expose' of Other CORRUPTION, including TELSTRA, under influence of public sector parasites, as exposed by the HaigReport Group of Websites:


  19. Business Promoted by HaigReport Websites:


  20. Finance by HaigReport Websites:

This page is part of the Internet presence of

Russell G H Mathews BCom BSc LLB BA
View list of SOME of my WEBSITES and Bulletin Boards

Email: http://HaigReport.com/eml.html


SEE WHAT I PLAN TO DO ABOUT IT!


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